Regarding disabled parking

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I work for a small company. We have office space in a small building which houses a number of other companies. There is just about enough adequate parking for all employees in terms of number of spaces.
Here is where I think I've messed up. I'm operations manager. The company is too small to have HR (we outsource things like payroll) so often HR adjacent queries end up with me.

We have 2 disabled employees. One (Sue) has significantly mobility limitations and uses a big motorised wheelchair. The other (Lynda) has less significant mobility issues (ie doesn't need a wheelchair, can walk small distances.) Both are have blue badges.

There are 3 disabled spaces in the carpark. One can be discounted as it's always in use by an employee of another company in the building who starts work very early. Out of the remaining 2 only one is big enough to accommodate Sue's needs (electric ramp for a big wheelchair etc). The issue we have is that Lynda insists on parking in it. She gets to work earlier than Sue who has childcare limitations and always parks there. It's causing a lot of frustration and ill will, especially as the other non wheelchair sized space is actually closer to the entrance, so it seems a perverse choice.

There has been a lot of grumbling among staff about this. It was especially bad a few days ago when Sue had to call for assistance - she had to get out of her car at the entrance and a colleague had to park her vehicle for her. Lynda sits watching this. Other staff members have spoken to her and asked if she could park in the other, closer space but she refuses.

Note- Sue and Lynda have clashed a bit over the years- there's only one disabled loo on our floor and yet they seem to always need it at the same time etc. I've been reliably informed that Lynda won't park close to the entrance because then her start and leave times will be visible to everyone- the other larger space is around a bend and can be accessed via a side door so her in and outs are not visible.

Anyway, we have spoken multiple times to the people who own the offices. They give no shits. The car park is apparently compliant in terms of spaces and they're not prepared to do anything more.

Our company owner has now said that whichever employee gets in first needs to park next to her reserved space and let reception know. When Sue arrives the person in the space next to the reserved one nips out, moves their car and Sue parks across both spaces. Owner then just parks where she can find a space.

It's not ideal especially in the rain. It's caused massive ill will towards Lynda who has just come to me and said she feels she's being bullied due to her disability. (She's not being included in lunch orders or social stuff organised by staff themselves, although she is fully included in terms of her job.) Honestly the company owner doesn't feel particularly warm towards her.

I'm not a HR person. I felt that as she wasn't being excluded in terms of work etc there's not a lot I can do about people liking her and I pretty much told her that. I was talking to a friend about it though and they said we could actually be in trouble for not including her in lunches/ social things, especially as it's because of issues caused by a disability. (She's invited to all work organised events, just not informal staff drinks / lunches/ chats/ coffee rounds organised by the staff)

I'm going to suggest getting some HR advice but was I wrong?

Penguin pollard with a key going to the driver who's needs are met by each space.

I’d have told her that her actions around parking have natural consequences. You can’t force colleagues to ask her out for informal lunches, and as long as you’re including her in “official” ones, you’re not discriminating. Honestly, I can’t understand people who behave like a dick and then expect to be included in things.

I would involve HR. It seems that Lynda is bullying Sue due to her disability / using Sue's disability as a weapon in her bullying.

Lynda not wanting people to see her coming and going, isn't a reasonable reason for taking the space needed by Sue - especially when Lynda's mobility needs are better met by the other space that's actually closer to the office.

I expect this is a legal minefield, so I'd stay well out of it and direct Lynda's complaints regarding exclusion to HR/legal.

You need to be very careful.

Lynda has not said but there may be a reason why she needs the bigger space that she does not want to share with you,

If she has a medical need for the bigger space then you could end up in very difficult circumstances especially as the staff of the company seem to be bullying her for it.

I've been reliably informed that Lynda won't park close to the entrance because then her start and leave times will be visible to everyone- the other larger space is around a bend and can be accessed via a side door so her in and outs are not visible.
Who's reliably informed you of this?

Why are people so childish? If there are two bays and only one works for Sue, Sue uses that one and Linda uses the other. Quite honestly I wouldn't humour Linda on this.

And this, very much seems everyone is against Lynda and you don't actually know why she's using that space. Just what people who don't like Lynda have told you.

But Sue actually does need the bigger space.

If Linda needs it, as opposed to wanting it, she needs to say so.

Then the company has to take a view.

But you can't just expect your employer to be telepathic when it comes to needs.

This was my first thought too - install a lockable bollard on the bigger space and give Sue the key. I suppose the problem with that is that others can't use it when Sue is on leave/not in the office.

I think you need to get some proper HR/legal advice here. It seems to me like Lynda's behaviour should be managed along disciplinary lines - but care needs to be taken, obviously.

She's not being discriminated against due to her disability. She's depriving a disabled colleague of the accommodations she is entitled to, and that's unacceptable behaviour (morally; I don't know where she stands legally).

Could you mediate with Lynda in the first instance to find out exactly what her issues are with parking in the smaller space, and see if they can be alleviated (not by letting her use the bigger space, but some other way).

I think if she is being excluded from stuff and can relate it back to her disability then absolutely you need specific HR advice on this.

So I'm not familiar with the situation on private land.

I do know that on the road, you can't have a disabled space that is just for you.

So if someone wants a disabled space e outside their house, they can apply to the council to get one but then anyone with a blue badge can park there, you can't "save" it in any way (with bollards or whatever) for you.

As your company doesn't own the car park and the company that does apparently does not want to get involved (quite correctly in my view) you cannot take the obvious solution which is to paint out a different double space for Sue. You also can't put up bollards or anything like that as your company doesn't own the car park.

I suspect that you will find that if someone parks in the bigger blue badge space to "save" it for Sue that Lynda will complain to the owners of the building and that person will (correctly) have action taken against them for parking in a blue badge space without a blue badge.

Your company is on very thin ice in trying to adjudicate over who "gets" a more preferable space in a car park that doesn't belong to you and where the legal presumption is first come first served.

Some one once told me that if you think getting proper HR/Legal advice is expensive see how much NOT getting it could cost you.

Is there any way the owners can be persuaded to redesign the disabled spaces so that each one can actually accommodate all disabled drivers? I don't think you'll get anywhere by questioning Lynda's behaviour or needs.

How are these going to work for people who have difficulty getting in and out of their cars?

I agree with @DahliaMacNamara
The owners should redesign so that they're both fit for purpose. If you had 2 wheelchair users who needed bigger spaces what would you do then?

How is she going to get out of her car, unlock and lower a penguin bollard, get back in and drive forward when she's in a large motorised wheelchair?? This sounds like a minefield, get outside legal/HR advice!

Lynda isn't doing anything wrong as such. Disabled spaces are disabled spaces and can be used by anyone with a blue badge. What if a different company had a visitor who needed a disabled space and used one of them for example?

Deliberately leaving one member of staff out of social events (especially things like coffee rounds IN the office) can be construed as workplace bullying. Leaving her out because she happens to use a disabled space she is entitled to use would look even worse

Something doesn’t seem right here. How can the space be legally compliant if she can’t use it for her wheelchair?

if it was the company car park you could say as a reasonable adjustment the disabled colleagues needs a guaranteed space and you could allocate accordingly but since it’s not your car park I don’t think you can do this. Especially since it’s got multiple companies in it. What’s the plan if one of the other offices gets another disabled employee?

tread carefully in regards to bullying claim. Be very careful with what you say there.

The premise for using a disabled space in a private car park really should be the same as in public one. Blue badge or nothing. Otherwise you get the free for all as described.

I wouldn't waste any time expecting any money to be spent.

Many years ago, there were some court cases where operators of private car parks were taken to court for their lack of policing provision of BB spaces. Not quite sure how that went. but I know it's something private car park attendants are tasked with trying to enforce.

Blue badge spaces are often not big enough if someone has a ramp/motorised wheelchair.

There is a standard for them, but it isn't necessarily the case that it means they are suitable for all disabled people.

Honestly - if Lynda was here posting about how she felt bullied at work for using a parking space she was entitled to use and that staff were now leaving her out of the (unofficial) office coffee rounds and lunches then I think the advice she'd be getting would be to look for a new job and speak to legal representation

Thanks for this info - I didn't know this!

Both members of staff have a blue badge so they'd both be parked as allowed

It's caused massive ill will towards Lynda who has just come to me and said she feels she's being bullied due to her disability. (She's not being included in lunch orders or social stuff organised by staff themselves, although she is fully included in terms of her job.)

She isn't being bullied due to her disability, she is being "bullied" because she's being selfish and unreasonable and basically "bullying" Sue. I would point this out to her.

It does sound like you need proper HR advice though as it is probably a minefield.

Lynda needs a swift kick up the arse. She's playing disability top trumps and she's malicious AF about it.

Allocate the disabled parking officially.

All staff to be reminded that the parking is allocated deliberately (so you're not singling Lynda out) and if there is an issue with the parking or any other needs in the workplace it is to be brought to management with a personal case to discuss their individual needs, review of whether occupational health need to be consulted and assessment made as to whether reasonable adjustments are needed.

Lynda also needs to be brought in for a welfare discussion about whether she is OK, are her needs being met for her disability, and whether she is currently being bullied by her colleagues.

Sue also needs a welfare chat for the same reasons. If she wants to make a bullying complaint against Lynda, she should be supported in this.

But your company need to speak to a HR specialist ASAP.