Requesting Use of Disabled Bays/ EA 2010/ EASS Response

Half_way

With point 2 you should add the blue badge scheme is also not valid on private land

2) Sainsbury's Supermarket LTD are aware that the blue badge scheme is not applicable on private land 

If there is no luck with Sainsburrys, then it may take  court case for them to take notice. 

As with Fruitcake, i know of people who could easily qualify for a BB  but won't have one as they say they are not that bad/ only need it if they have a bad day etc, and/ or see applying for a bb as somehow giving up on the condition and admitting defeat

Fruitcake

Somewhere in the BB booklet and the BB gov.uk website it actually says you mustn't use it where it doesn't apply, and you can be fined if you do. It would be worth looking up the precise wording to quote in your complaints.

Coupon-mad

Thing is, decisions not to make a 'reasonable adjustment' are defendable by a service provider if they can justify the rationale.

It's a question of whether allowing reasonable adjustments for 'BB holders only' is justified.

I think it can be argued both ways.  I know that doesn't help much, sorry.  I would say they have tried to justify it.

Fruitcake

I don't see how the service provider can justify not making reasonable adjustments when the OP has already provided Sainsbugs with proof of their medical condition.

Coupon-mad

Yes, I see that side of the argument too. Very difficult impasse situation. Not sure there's an answer.

1505grandad

Many thanks for all the replies.

Their accessible bay policy is very confusing and obviously not known throughout the company.

In the very first email granting the use of accessible bays without BB there was never any mention of a particular store either from me or in the actual granting email -  it was for any Sainsbury's store.

Yet in various emails in June from Sainsbury's Executive office there were these statements:-

"I have contacted our xxxxxxx, xxxxxx and xxxxxx store and provided them with your new registration number and have asked them to add this to their system.

Once they have confirmed this, I will let you know.

In the meantime, should you require any further assistance, please do not hesitate to contact me on the details below."

And another email:-

"It is no problem at all.

I will be back in contact with you once I hear back from our xxxxxx and xxxxxxxx stores.

In the meantime, should you require any further assistance, please do not hesitate to contact me on the details below."

And another email:-

"I have spoken with the manager at the xxxxxxx store who has advised the ANPR camera is no longer active on the car park so will be no issues with you parking at the store." (Go figure!)

Also there is a Sainsbury's web page boasting in large bold text:-

"Making our toilets more inclusive

(my condition) friendly toilets

At Sainsbury’s we’re committed to providing a supportive and flexible space for all our customers and colleagues. We’re always looking at new ways to enhance our in-store facilities to make shopping at Sainsbury’s as inclusive as possible. "

Then goes on to explain they are the first to do this and implementation of the facility store-wide.

Then ends with a paragraph with large bold text heading:-

"Not every disability is visible"

It's a pity they don't devote the same care policy providing facilities to make sure you can arrive safe, without difficulty ,stress and with the least amount of embarrassment to actually access these marvellous toilets.

Any way I have requested an email address of someone relevant who would be willing to discuss and will prepare a substantive doc. with evidence for their further consideration.

Assuming they actually want to talk to me I will even offer to provide them with photos that my GP requested a while ago to see if they can provide any help with managing the condition (they can't).

What I can't get my head round is that somebody else who has a non-visible disability (I have two)  -  like ADHD or mental health  -  are allowed to access the bays because they happen to have a BB. Now these disabilities have no bearing on moving restrictions but are still allowed access because of a card which is not actually valid on private property. So really they are in the same position as me and, unlike me, on the face of it do not need the wide door opening these bays provide. Seems like discrimination to me and I would be interested to hear their explanation if Sainsbury's will talk to me.