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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46735
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work at a Private Hospital. It is an old building with

Resolved Question:

Hi. I work at a Private Hospital. It is an old building with limited parking. Our new General Manager has said that by the end of May all staff must park off site. The nearest off site car park is approximately a 1 mile walk away and is not a 'secure' car park. Can the General Manager enforce this? Also will there be any implications with my car insurance?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long you have worked there please and was this parking facility part of you working contract and do you know how long this parking facility has been available to employees please.
Customer: replied 2 years ago.

Hello, I have worked there for just under 12 months. Parking is not stated in my contract, however the Hospital is out of town and stands at the bottom of a private drive. There is just a small car park at the front where staff have always parked since the building became a Hospital (about 25 years ago)

Many Thanks

Jan

Expert:  Ben Jones replied 2 years ago.
Your rights will be somewhat limited in this case. First of all the provision of car parking facilities was not a term in your contract so you cannot argue that this amounts to a change of contract. Some employees who have worked there for longer may be able to claim that this had become an implied contractual term through custom and practice, however I cannot advise on their position as I do not have sufficient details and they would need to seek individual advice to ascertain their rights. However, as far as your position is concerned, you have not enjoyed this benefit for long enough to be able to claim that – you need years of something being consistently applied to be able to have a valid argument.
Even if you did manage to prove that this had become an implied contractual term, your length of service would mean that the employer could quite easily remove it without you being able to challenge it. You see, until you have at least 2 years’ continuous service you are not protected against unfair dismissal. This means that the employer can dismiss you for more or less any reason as long as their decision was not based on discriminatory grounds, such as because of your gander, race, religion, etc. This is not going to be relevant here. So if you kick up a fuss they could simply terminate your employment and deal with this issue in that way. Or they could terminate your current contract and offer to re-employ you on a new contract which specifically takes away the right to parking and you then have to decide whether to reject it and lose your job, or accept it based on the new conditions. So either way the employer is able to force this change in your situation.
In terms of how that may affect your car insurance I cannot comment on that. You must check your insurance policy to see what factors affect it. The answer may not even be in there and you would have to approach the insurer to see if that will have an effect on your premiums. Each insurer and even each policy with that insurer could have different requirements and different factors will affect it in different ways. What affects premiums on one policy may not have any effect on another so you must check directly with the insurer.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46735
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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