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?

You need to read it yourself. OP says lynda nips in there so she will never have to wait because sue takes a long time. Lynda may not be able to wait due to her disability.

As someone who has had an invisible, mobility related disability and is now a disabled wheelchair user, Lynda is acting appallingly.

Sue needs the larger space, end of. Lynda does not have a wheelchair. She does not have a ramp. She can access her vehicle without any aids whatsoever.

The other space is also a disabled space, so wider by law anyway. She is actively going out of her way to make life more difficult for Sue, for no apparent reason other than she has a blue badge. Lots of people have blue badges. She has a disabled space she can park in and should not be using the one that is the ONLY accessible space for Sue.

With regards to the toilets, she is again using her disability to bully Sue. If she needs the toilet at the exact same time as Sue, every time, then she's clearly doing it deliberately. It sounds as though she is jealous of Lynda. Which is very strange, but I have experienced that myself. A colleague of mine had a blue badge for a minor condition (and yes, we knew all of her issues) and she absolutely HATED that when I had to start using a wheelchair, I "got to" have a ramp installed, a handrail in the loo etc. It was utterly bizarre.

But yes, it sounds like Lynda is jealous of Sue, she wants everyone to bend over backwards because she's "just as disabled", and she gives no shits about anyone other than herself. She's ableist.

Lynda is clearly bullying Sue, but the 'how dare you question a disabled person' gang are out in full force.

and if the consequence for Sue is shitting herself because she can't wait? presumably when she starts to head to the loo, she already needs to go.

Lynda, frankly, sounds like an utter arse. But there is no point in doing anything at all unless it has been run by experts in the field of employment.

Lynda may be in a state of anxiety about her worsening condition, which might explain her callousness in blocking Sue from parking or using the toilet. But it still needs dealing with.

where does the op say that?

She said that when Lynda knows the accessible toilet is about to be occupied for some time she uses it first so she isn't having to wait.

I do it at home if i see my disabled DS heading for the loo because I know I CAN'T wait (i'll wet/soil myself) but he CAN wait- his disability means he takes ages in the bathroom, but doesn't cause incontinence.

For all anyone knows this is the case for Lynda and Sue.

Since the company hasn't bothered to actually do a proper needs assessment or involve occy health, no one there is in a position to comment.

What this thread really shows is how little so many of us a) know about emplyoment law and b) how easy it is to start making (awful) ableist comments without thinking about it.

Thanks to everyone on the thread who has made useful, helpful comments about things like reasonable adjustments etc. It is eye-opening.

and if the consequence for Sue is shitting herself because she can't wait?

Then someone shits themselves- that is reality for disabled people with continence issues. Its what happens when there is 1 accessible toilet in a busy shopping centre, or motorway services or school.

Although if Lynda is ‘blocking’ Sue who is left waiting 15 minutes every time she needs the toilet which means she has soiled herself in the corridor multiple times… I feel like @appendix would have mentioned that.

Out of the remaining 2 only one is big enough to accommodate Sue's needs (electric ramp for a big wheelchair etc).

then it is not a suitable disabled parking space and that is the issue. Lynda has a BB and every right to use the disabled parking space (even though a bit of Goodwill goes a long way) but technically, she is not doing anything wrong. sound like your disabled parking bay doesn't meet requirements..

I totally get it - i also think i can understand (thanks to OP and other pp) why Lynda feels the need to "zip in" even though she then takes ages. I have a condition that flares up occasionally and the thought that i can't get to a look when i need to RIGHT NOW gives me the heebie-jeebies.

And if the whole office are sitting and watching and judging Lynda every time she goes to the loo then timing her?
How nice.

Why is it ok to question Lynda but not Sue? They are both disabled people.

Why does Sue turn up to work later?

Why does she take so long in the bathroom and stop Lynda using it?

Why does she drive a massive vehicle?

Why doesn’t she get a smaller chair?

etc etc.

No one knows which of them is being a dick- it could easily be neither, or both!

The problems here are

inadequate facilities,

inadequate education and training for the entire staff (management included)

non existent needs and occy health assessments

and the pervasive idea that wheelchair users are somehow the pinnacle of the disabled community.

If they sort all that out THEN maybe they will know someone is being a dick.

You said HR issues are landed on you. That has happened me a few times as well. I can cope with some of them but not this. If it is brought to you again. Tell you boss/ the owner you cannot find a resolution and feel it is too far outside your capabilities. Assuming that doesn't make you look incompetent at your job, for me I'm an accountant and when I worked for small companies HR was foisted onto me as well.

For what it's worth Lynda sounds like she doesn't want to get caught not doing her full hours. The other employees aren't bullying her because of a disability they are pissed off at her for being an arse! But obv you can't say that

Agreed - If Linda has needs that mean she needs the bigger space, she needs to let you / HR know so she can use it

Like @WalkingonWheels I'm a wheelchair user who prior to the wheelchair had mobility and other related 'invisible' disabilities.

I agree with everything they have said.

You definitely don't get to assume or judge what needs Lynda may have that she has not disclosed - I was badly discriminated against and judged a week ago last sat, like this, I can't describe to you how it's left me feeling.

But on the surface of it, from the information OP has shared, even if Sue is a DM reading woke bashing arse, she needs the space which allows her her autonomy and Access.

And, something clearly needs assessing in Lynda so that what she's doing to Sue's toilet trips can be stopped.

Where I volunteer, there is one disabled space and it's not specifically for the building. I don't describe the shit that causes.

We have two disabled toilets. One, you can't get a wheelchair into. The other you can, but it's not on the ground floor and is hard to get to - specially as we have had issues with lifts.

Another (absolutely able-bodied) volunteer proudly told me the other week how she nips in it if it's empty, ditto disabled loos elsewhere.

My own aunt apparently abused my grants blue badge for the parking, and genuinely doesn't seem to understand my need for all the adjustments for accessibility and inclusion that I do.

Some people are just wankers. And this also extends to people with disabilities. I would be fuming for Sue, even though she sounds like someone I'd give a wide berth to.

I just hope Lynda never ends up in an identical situation to Sue's.

Replying to a PP about ramp access, some disabled folks need to be able to enter and exit from the side, some have adapted vehicles where you don't leave your chair but can still drive with levers etc. So yes, width is an issue. I had to have words with a dick with a motorcycle who parked alongside my drivers side door on the hatches after a course we were on, and explain to him what the hatches are there for. Cunt.

So Lynda has either recently developed a disability or her ongoing condition has worsened to the point she now qualifies for a blue badge?

And prior to this she was a well liked member of staff but now is being excluded?

And you can't see how that might look bad in a tribunal?

This feels very much like "Well you weren't disabled before so you can't claim stuff now"

And frankly I don't think you can boast about how amazing your workplace is when this level of bullying is allowed!

@WalkingonWheels and @glittercunt It doesn’t read well for Lynda I agree- but it seems unlikely that a previously well liked, pleasant member of staff (more well liked than Sue) has suddenly decided to be a dick and try and make Sue’s life difficult, thereby ruining her own working day by turning people against her.

It seems much more likely to me that Sue has been used to being the only one with access to the disabled toilet and BB parking spaces and being a generally abrasive person is not happy to share- especially with someone who she already didn’t like… so is now engaged in getting her own back on Lynda for taking ‘her’ facilities.

Add to this that she thinks everyone is too woke and soft and she quite possibly doesn’t think Lynda is disabled at all and is just making a fuss about feeling a bit ill.

Can't you just draw up a plan of the car park and allocated spaces internally within your company? Why does it have to involve the landowners?

I'd get HR involved to start disiplinary acton against Linda, based on the pisstaking with the hours and the obstructivness with the car parking space.

I would get some legal advice, before I approached it tbh.

No, you she doesn't. I she has a blue badge

Because the car park is used by other businesses who can park wherever they want/have visitors who can park wherever they want?

It's very wrong to blame Lynda for Sue's parking issues. What if the person from the other company had been using the big space instead? Sue would still be in the same predicament. That is because Lynda isn't the cause of this issue. The inadequate parking facilities are the issue. Is it in everyone's contract that parking is provided? If so, then it is your employer's responsibility to ensure Sue has a suitable parking spot. If not, then it's a free-for-all.

You all are actually bullying Lynda if you are holding this against her and not including her because of it. It's very easy to sit back and pass judgment on other people when it is not you who is being pressured to "be kind" because of the building/employer's inadequate disability accommodations.

An anonymous call to tell then what exactly?
There really are some vile people on this thread who have no comprehension of what it's like to live with a disability

Indeed and many of them don’t realise that many disabled people have variable conditions, i.e good days and bad days. There is a whole lot of ignorance about disability here.

If somebody that 'needs' a blue badge and associated parking space, due to 'only being capable of walking short distances', suddenly sprinted across the office to block a wheelchair user's trip to the toilet, I certainly would be questioning their 'disability'.