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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have had 4 toes amputated, suffer with poor circulation and

Resolved Question:

I have had 4 toes amputated, suffer with poor circulation and various other health issues. I have a blue badge, I work full time for a charity for people with various disabilities. We have a small car park which I was allowed to park in. We now have a new CEO who has decided the people with blue badges are to be disallowed parking and have to park elsewhere if the adjacent car park is full we have to go further away problem is I can't walk any far distance without pain in my legs when I have to stop wait for pain to subside I struggle with hills/inclines and stairs . CEO has made sure he has a parking space -he's able bodied plus others are allowed to parK on a daily basis is this discrimination.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Have you been told the reasons behind this decision?

Customer:

No not so far, my manager advised that I may need to make a formal complaint

Ben Jones :

who is actually allowed to park in that car park?

Customer:

No not so far my manager advised I may have to make a formal complaint

Ben Jones :

ok and who is actually allowed to park in that car park?

Customer:

CEO, other staff from another centre, visitors, benefits advisor who's 70yrs fit who walks without any problems. Members of the board who have no disabilities

Ben Jones :

It is indeed possible that this amounts to disability discrimination. There are two types of discrimination – direct and indirect. Direct is where a disabled person is treated unfavourably specifically because of their disability. For example, if the employer says that if you are disabled you are not allowed to park there and that is it, then this is likely to be direct discrimination. On the other hand if they allow the space for others as a priority and as a result it means that disabled employees can’t park there it would be indirect discrimination. It is actually possible to have both at the same time.


 


The key is that under the Equality Act 2010 an employer has a duty to make reasonable adjustments to assist disabled employees. This could include providing a parking space to assist with difficulties of having to park far away or not having any designated spaces at all. A reasonable adjustment would therefore be to facilities to amend the normal policy that only senior managers have access to parking spaces in order to accommodate a disabled employee who required one of those spaces. Of course f senior managers are also disabled then there may be an order of priority but if they are not then it is likely to be discrimination if they are given preference for no apparent reason and that in turn puts disabled employees in a less favourable position.


 


So you can take the matter further, for example informally or even through a formal grievance to ensure the employer is aware of your position and their duties in this matter.

Ben Jones :

Hello, please let me kno if you need me to clarify anything in relation to this?

Customer:

Thank you Ben this gives me something to go back with.

Customer:

Thank you Ben that's very helpful

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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