Rank: Forum user 
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An employee at our site is on dialysis and has just informed me that he will be receiving a disabled parking badge as he gets tired easily if he has to walk any long distances. He has siad that when he receives this badge we will be obliged to give him his own parking space in a disabled bay. I don't have a problem doing this for the guy as he is a good worker but some of the managers are questioning if this is a legal requirement.
Can anybody tell me if this is a legal requirement and if so, what regulations do they come under?
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Rank: Super forum user 
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I wonder why he feels the need to resort to the law (real or not).
I would expect any decent employer to have given him a space already - assuming of course he had declared his illness to you.
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Rank: Guest
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You could possibly be expected to make resonable adjustments under the Equality Act.
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Rank: Super forum user 
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http://www.legislation.g...k/ukpga/2010/15/contents
This is potentially quite a complex issue of employment law of which I am certainly not an expert.
As Nick said in the previous post, this is covered by the equalities act, but the requirement to provide an employee a specific parking space would surely depend on a number of factors.
Having said that, if you have the space, what's the issue?
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Rank: Super forum user 
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Adequate disabled parking = yes. Personal space = I think not.
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Rank: Forum user
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It's not an issue as we do have the space and yes, we have known about his illness for sometime. It's not easy to hide the fact that you require dialysis 4 times a week. I just wanted to know where the requirement came from as I have never come across this issue before.
As it stands we don't have any dedicated disabled bays for employees. There is one for visitors/ contractors etc but it is only to be used by them.
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Rank: Forum user
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From what I read it is the managers that are making the enquiry and not the employee. This is simply dealt with under the Equality Act (reasonable adjustments). Why would any manager want to challenge the use of a disabled parking space? The justification is the displaying of a blue badge. Could it be they are scared a precedent is set and other workers might take umbrage? This man has a valid reason for utilising the parking space and has been up front about it in consulting you. The organisation may have insufficient disabled parking bays, if that is the case creating another one could be fully justified as a 'reasonable adjustment'. This is not (and should not) to be construed as creating a personal space for the worker. I don't think the worker is asking for his own personal space, is he?
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Rank: Forum user
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No. He's not asking for his own personal space but stating that we are obliged to give him a parking space that will be available to him and is close to the workshop area. I can certainly accommodate this and will do as he does have a genuine illness. The managers are only questioning if we are legally obliged to do this.
Appreciate all the feedback so far.
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Rank: Super forum user
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Building Regulations - Part M Access to & use of buildings - cover this. Although not retrospective (ie they apply to new build) the guidance is seen as good practice. As others have indicated it would also be addressed by the requirements of the Equality Act. The Building Regs guide is a free download and contains all you need for size, proximity etc etc.
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Rank: Forum user
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I thought that the Equality Act 2010 only applies to Central and Local Government. Surely the applicable legislation is the Disability Discrimination Act 1995?
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Rank: Super forum user 
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How many employees have blue badges? If you have the space why not have enough bays marked out for everyone, and include a few extras for visitors.
Then enforce the blue badge parking by having those without badges park elsewhere.
Don't make an issue of it the man's got a health problem that I wouldn't like to have, I do have a blue badge and do find it most annoying when all the blue badge bays are used by cars not displaying.
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Rank: Super forum user
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BigRab
A common misperception - the Equality Act encompasses the DDA and adds much more specific duties. The one concerning Indirect Discrimination is of particular importance as it makes clear that simply being neutral,ie a position of so called blindness to the particular issue, may still be discriminatory should a member of a protected category be specifically adversely affected.
Bob
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Rank: Super forum user
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BigRab wrote:I thought that the Equality Act 2010 only applies to Central and Local Government. Surely the applicable legislation is the Disability Discrimination Act 1995?
BigRab
The Equality Act 2010 repealed the Disability Discrimination Act 1995 in it's entirety - see Schedule 27 Part 1 of the 2010 Act
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