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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47898
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My employer insists that I reverse park my private vehicle

Resolved Question:

My employer insists that I reverse park my private vehicle in their car park. Can this policy be legally enforced as some of the bays are not fit for the purpose due to stepping out onto the kerb, between the car park and the kerb, into vegetation such as a beech hedge or a cotoniaster horizontalis. This poses a risk of personal injury. I am being told to use other bays to avoid this "perceived" issue but I feel that I am being singled out and victimised for raising the issue in the first place and for refusing to reverse park.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the reason for having such policy in place?
Customer: replied 1 year ago.
It is said to be safer for all concerned and comes as part of "Our Lifesaving Rules" -I work for Network Rail
Expert:  Ben Jones replied 1 year ago.
Is everyone else adhering to the policy?
Customer: replied 1 year ago.
No, I have photographic evidence of two other instances of forward parking in the bays in question
Customer: replied 1 year ago.
I have no problem reverse parking in the other bays if the bays I normally use are full
Expert:  Ben Jones replied 1 year ago.
Whether it is legally enforceable is, in a sense, a misleading question. This is because the employer cannot physically force you to reverse park, but if they have this as a policy in the workplace then they could treat failure to follow it as a misconduct offence. So they can then consider disciplinary action for failure to adhere to it. This is not victimisation in the legal sense of the word as that involves discrimination, which this is not. So in the end it will come down to whether any disciplinary action the consider taking is fair and reasonable or if they decide to withdraw this it would be reasonable. What you have to consider is that the employer owns the parking spaces and they grant them as a benefit to workers and can expect them to comply with their requests and conditions if they are to use them. So it is possible that they can withdraw this benefit if the conditions of use are not complied with. Obviously the conditions must be reasonable and reverse parking is not an unusual request, as it is something which is part of normal driving. So only I there is a clear risk to health and safety, ideally something which can be backed up with previous examples of it occurring, can you realistically challenge this. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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