Employees not allowed to park in customer car park

[Deleted User]

Takeaway_Addict wrote: »

Don't get me wrong Lee, a good employer would where possible make sure the journey is as safe as possible and there are legal issues when it is their own car park etc.

However, there is not a legal requirement to make sure the journey to work is safe, this would just be unpractical because for example, how would an employer make sure the 3 mile walk from someones house to work was safe etc.

The links you have given do not show any legal responsibility for an employer in how an employee can get to work.

I know the links don't show any legal responsibility, just the Unions are well aware of it.

Takeaway_Addict

Has anyone asked their reasoning behind not allowing the parking on the car park then?

Undervalued

Takeaway_Addict wrote: »

Its not the employers business or issue where someone parks outside of their own property.

Oh it can be!

A convenience store (for example) is not going to want staff to park where it might deter customers. Also, in some situations, it can be very important for a business not to upset neighbours and this might mean having a rule that staff do not park in a particular street during working hours. There is a similar a situation a few doors along from my house. Such a rule is perfectly lawful for new employees and not very hard to implement as a change to t &c for existing staff.

kazzah

Takeaway_Addict wrote: »

Explain to me please how an employer is responsible for how someone gets to work?

I didn't SAY an employer was responsible for how someone gets to work - I did say I KNOW that it is a "ruse" employed by our local council to find out if someone is on their way and has been delayed
HOWEVER

If an employee - lets call her Jane has worked for her employers for a couple of years, and she is happy in her role of getting into work early to bake the morning loaves at 4.30am and has been HAPPY to do this because she could park directly outside the bakery she works in and had no fears about her personal safety

and then her employers XYZ Bakery after a couple of years decide that staff cannot now park in the customers car park because it gets too full and Jane then has to park elsewhere and fears for her personal safety as a lone worker going into work at an unsociable hour and as such feels she has no alternative other than to resign if no reasonable adjustment can be made- then possibly she could argue constructive dismissal

Also I do feel her employers would and should be responsible if anything happened to her whilst travelling into work because of the change of parking arrangements

Marktheshark

Well, a few heads together and decide that the firm only gets done what it pays you to do now they are withdrawing goodwill.
Works both ways, when you start thinking the extra bit everyone gives when they are a happy worker.

Savvy_Sue

If, genuinely, the car park is never full, then is it worth suggesting that the most inconvenient corner of it should be marked off for staff parking?

Undervalued

kazzah wrote: »

and then her employers XYZ Bakery after a couple of years decide that staff cannot now park in the customers car park because it gets too full and Jane then has to park elsewhere and fears for her personal safety as a lone worker going into work at an unsociable hour and as such feels she has no alternative other than to resign if no reasonable adjustment can be made- then possibly she could argue constructive dismissal

If you resign as a result of being unable to agree to a change in contract then any clam would be for unfair dismissal (not constructive dismissal) despite the resignation.

However, I wouldn't put any money on Jane winning in the circumstances you outline!

kazzah wrote: »

Also I do feel her employers would and should be responsible if anything happened to her whilst travelling into work because of the change of parking arrangements

Utter nonsense!

stevemLS

Undervalued wrote: »

If you resign as a result of being unable to agree to a change in contract then any clam would be for unfair dismissal (not constructive dismissal) despite the resignation.

However, I wouldn't put any money on Jane winning in the circumstances you outline!

On the contrary, I would put money on Jane losing.

Although I can't see how any claim would be for unfair dismissal if she resigned?

Undervalued

stevemLS wrote: »

On the contrary, I would put money on Jane losing.

Yes indeed, perhaps I should have put it stronger when I said I wouldn't put money on her winning!

Although I can't see how any claim would be for unfair dismissal if she resigned?

If you are unable to agree a change of contract and the employer imposes it, then your only options are either to accept it or resign and claim unfair dismissal. Odd as it might sound this is not constructive unfair dismissal despite the resignation under such circumstances.

stevemLS

Undervalued wrote: »

If you are unable to agree a change of contract and the employer imposes it, then your only options are either to accept it or resign and claim unfair dismissal. Odd as it might sound this is not constructive unfair dismissal despite the resignation under such circumstances.

Yes, of course, but it was never suggested that she had a contractual right to park outside?