Regarding disabled parking

[appendix]

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?

I've never worked somewhere which has a "occy health" department @Theywonttakecouples in 40 years of working. Do they have flying departments that come round when needed?

I have some experience as a Company Director who often was saddled with HR “stuff” because I wasn’t afraid to grasp nettles and was generally seen as unbiased within the firm.

Having read this entire thread my view is that situation is not fixable. Whatever the rights and wrongs, I think people have taken against Lynda and this won’t be fixed.

I would attempt mediation with an external and professional mediator but I would also expect it to fail.

I would ultimately look towards a settlement agreement with Lynda because I would argue her position is really untenable because of everyone else’s attitudes towards her.

To those of you saying that Lynda is absolutely OK to run to the only wheelchair accessible toilet to get there before Sue, why can't Lynda use one of the other two toilets, which are accessible to her but not Sue?

I've had numerous OT assessments for work and I work with people who also have blue badges. As the only wheelchair user in the office, when I go there, I am allocated the only parking space on the premises. The car park opposite is not accessible and the disabled spaces do not have room for my ramp.

I don't go there that often as I mostly work from home, but the other blue badge holders and the CEO all park in the Pay and Display car park opposite the office if they know I'm coming in. None of them have a problem with it at all, which is how normal people behave.

Could you discreetly approach the other disabled user who's always in first and ask them to park around the side? Thereby forcing Lynda to park at the front.

Sorry if someone has already suggested this / I've missed why they can't.

Because we don't KNOW the normal loos are accessible for Lynda...

And frankly... those other blue badge holders could be putting themselves in immense pain for the day but can manage for one day. If you were going in every day then it could well cause them issues and they'd complain

I'm not sure people (me) are saying it's ok.

What we are saying absolutely isn't OK os for people to make judgements about Lynda's disabilities and required accommodations. Nor is it OK for a company to allow its employees to act and create an atmosphere on back of such judgements.

To say whether it is or isn't OK, would require me to make judgements about Lydia's disability. That would be disability discrimination which I don't want to do.

In your case fine to ask, nice that they do, great they disability allows it and therefore doesnt result in conflicting needs. but really not the point here.

The point is whether its OK for an employer to allow an environment where disability discrimination is the norm.

Done the right thing on the outside help. Nice. Good your boss saw the need too

That is terrible advice. They would be looking to ask her to leave because they don’t like her and have decided her disability isn’t that important. That is the start of a disability discrimination claim right there.

I’ve never worked anywhere without one, but there are independent ones you can bring in.

Needing space for a ramp isn’t the only reason for needing a big space.

Ignorance of how disability works.

No it is not. A settlement agreement is precisely the opposite of what you’re stating.

It is effectively a payment for a person to leave and waive all their rights and usually a substantial payment. The person in question is entitled to proper and impartial legal advice which the company would typically pay for as part of the process.

You clearly do not know what you are talking about.

Honey, I’m a lawyer. I know exactly what I’m talking about. I know exactly what a settlement agreement is. I’ve drafted several over the years.

It’s one thing when it’s used for a difficult employee. Another when it’s that employee’s disabilities that are part of the issue.

https://www.acas.org.uk/sites/default/files/2021-03/settlement-agreements.pdf

read this - I invite to retract your statement

You need to get expert HR & legal counsel immediately. Stop spinning your wheels and focus your energy on convincing the owner of that, making it clear that you feel this situation is far outside your ability to handle and a threat to the company in multiple ways. Meanwhile, actively discourage any bullying of any employee. In-office coffee runs should be inclusive, remind people that inviting all but one person to lunch is not ok, etc. Other employees aren't making things better for Sue, they're just making a difficult situation worse.

Based off your diagram, could your owner look into swapping their reserved spot with the other reserved spot next to the smaller blue badge space? Then it could be left open to give Sue accessibility with her chair when using the blue badge spot & Sue wouldn't need to be calling coworkers to move their car every day. This should be considered in addition to the legal & HR advice, to be clear. Not instead. Ideally the single-user disabled toilets should be gender neutral but that's unfortunately a ridiculous minefield right now.

I have a disability and blue badge, but don't use a wheelchair and thus am mindful of not taking van/life accessible spots when I can avoid it, but no one else has a right or the knowledge to police or rank my disbility level in that manner. Don't go down that road.

Ouch. Completely unnecessary. Not only giving out wrong advice but also abusive. Duly reported.

It must be something normal in your line of work (NHS?), I've worked for two multi-nationals who had health & safety departments (one or two people, generally out in site offices) and HR but all the smaller companies had neither.

So what happens if I start working at your place and need the only big enough space for my van, ramp and power chair?

Is it first come first served and whoever can’t park goes home?

I know I’m being facetious, but genuinely you must be able to see that access arrangement that are based on good will from able bodied people, as well as good will and self sacrifice from other disabled people aren’t actually good enough?

If a wheelchair user interviews for a job at an organisation with this kind of set up do you believe “I know we aren’t meant to say, but we can’t have another wheelchair user here- the parking will be a nightmare to sort and that chair is bigger than X’s, it won’t fit in the toilet- lets have Non Disabled Man Instead, it’s easier” is not going to come up?.

There is so much going on here OP. First thing: for all you talk about what a wonderful, inclusive place to work it is, the facts demonstrate that it clearly isn't.

You admit openly that people are turning against Lynda and excluding her from social activities. This isn't just friends down the pub; this is a workplace where professional conduct is expected from everyone, and where excluding or mistreating people has legal implications for the employer. Some of the playground name calling against Lynda on this thread (eg a 'bitch' or a 'piece of work') demonstrate how it is believable that your workplace could be a hotbed of malicious gossip aimed against Lynda.

A whole lot of assumptions have been made; that Lynda's needs are less than Sue's, that she is wilfully and maliciously making Sue's life difficult just because she wants to. It is of course possible that this is true; however has anyone considered what might really be going on without making prior assumptions?

You also mention in one post that Lynda was previously well liked but that has changed. It seems that Lynda's disability has worsened which has implications for her life and her future. It could be that Lynda is aware that she has a worsening condition and is terrified of what it could mean, is conscious that the facilities for the disabled are barely adequate, and is conscious that her boss and her colleagues are unsupportive, favour supporting her 'more' disabled colleague over her, and are bullying her through exclusion - and she could be reacting badly to that and digging her heels in?

Has anyone ever actually sat down with Lynda and given her the opportunity to tell you what is going on, and what she would find helpful?

You report that the company owner is not well disposed towards Lynda (she is so unappreciative of the wonderful working environment it seems); so the negative feeling towards her starts from the top. You also report that the owner is open to getting specialist support; yet at the same time she wants to impose a signing in policy from all staff?

This doesn't bode well I am afraid for her openness to the advice she might receive; why would she not wait to get the advice first before deciding whether imposing this is a good idea? If this new policy is 'blamed' by colleagues on Linda your boss has just actively increased the risks.

I hope your company owner has deep pockets as she could be looking at a discrimination/victimisation claim under the Equality Act. Though tbh if she does have deep pockets the money would be better spent on making the workplace more suited to the needs of both her disabled employees.

The fact is: all blue badge holders have equal entitlements to disabled parking spaces. Yet you are making assumptions that one of your disabled employees has a greater right to a space than the other, based on appearances.

Rather than pit your disabled employees against each other you should be looking at how you can improve your current provision towards them both; perhaps by looking more closely at the legal responsibilities held by the company who manage the parking, looking for support from the local authority for improving provision, or otherwise thinking outside the box (perhaps allowing hybrid/homeworking arrangements to free up parking space?)

Lynda is being an arse. This type of person is very difficult to deal with professionally and may cause many legal problems if challenged. Tread carefully.

This is the best post on mumsnet today

Well yes
And she would be entitled to make a legal challenge!

She is being bullied and excluded by her colleagues because they don't deem her disability as "worthy" enough compared to Sue's. She was previously well liked and yet, as her disability worsened and she was eligible for a blue badge, her colleagues turned against her (she will no doubt have proof of this being the time it changed as she'll be evidently missing from photos and communications). Within the workplace itself they made no effort to hide their exclusion, leaving her out of coffee runs and lunch invites.

Lynda then spoke to a senior about these issues and how she felt excluded and the response she got was pretty dismissive and unhelpful

And then the business owner instated a policy which would only seek to bring more ire towards Lynda (as its obviously clear office gossip that she's "fudging her time sheet") whilst failing to address the workplace bullying at the same time

She would definitely be able to build a case

You mean disabled?

Why would it annoy everyone if they aren't taking the piss with arriving late and leaving early? You said you'd been reliably informed that the only reason Lynda uses the bay that does is so she can't be seen, if everyone else is gonna be annoyed that they're gonna be caught working less hours than they should then where are they parking to have gone under the radar?

The ableist bullshit on this thread makes me so glad we have disability legislation in this country. And OP, better hope no one recognises you from all the details you have given and shows this to Lynda, or you're going to need a bigger HR boat 😅.