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KMS  
#1 Posted : 11 June 2012 11:50:11(UTC)
Rank: Forum user
KMS

We own a pub with an onsite car park. Recently we have decided to stop staff parking in the car park as it's filling up the car park and there is no room for customers. We have rented a plot of land down the road for staff to park on. The location is rural with country lanes.

A colleague has now complained, quoting HASWA. (I am guessing thinking along the lines of safe access & egress)

We have already said that 2 spaces can be used daily for the colleagues locking up and that colleagues will be allowed to go and collect their cars later in the day (whilst still light) and bring them back to the car park.

My belief is that we have no responsibility to provide staff car parking and so we are doing more than required.

Any thoughts guys?
danderson666  
#2 Posted : 11 June 2012 12:11:51(UTC)
Rank: Forum user
danderson666

Hi, does rural mean there is no proper foot path to walk on. Also are you allowing for shorter daylight hours in winter (along with snow and ice) and I presume no street lighting.

I would be interested to know if this would be allowed assuming the staff have no other way to get to work other than drive.

Doe anybody have a definative answer?
KMS  
#3 Posted : 11 June 2012 12:19:42(UTC)
Rank: Forum user
KMS

Hi

There are no foot paths but there is street lighting most of the way and yes - we are allowing for shorter daylight hours with regards to moving their cars back.

There is a bus route that some staff use all though it does not bring them staight to the door.

Hope that helps
prodigal  
#4 Posted : 11 June 2012 12:26:47(UTC)
Rank: Forum user
prodigal

Unless the person complaining has some form of disabilities (mobility), where suitable access and egress may be an issues, the there is no legislative requirement for you to provide staff car parking. However, allocating parking spaces for customers use and telling staffs that they have use alternative parking space might be discriminating especially if the alternative is not sited nearby
m  
#5 Posted : 11 June 2012 13:04:19(UTC)
Rank: Super forum user
m

prodigal wrote:
Unless the person complaining has some form of disabilities (mobility), where suitable access and egress may be an issues, the there is no legislative requirement for you to provide staff car parking. However, allocating parking spaces for customers use and telling staffs that they have use alternative parking space might be discriminating especially if the alternative is not sited nearby


Is there any legislation regarding discrimination between customers and employees? Nothing springs to mind.
Invictus  
#6 Posted : 11 June 2012 13:08:16(UTC)
Rank: Super forum user
Invictus

There is no legal requirement to provide parking and it is up to you who you have park on your site. You only have to ensure that your site is ok during cold and ice. It is not your responsibility to ensure that people get to or from work safely, otherwise you could be expected to grit all the roads from every employers house and this would be ridiculous.

You have explained the reasoning behind it and thats all there is to it. We have a large hospital near the workplace and the staff have started parking along the roads as to not pay for parking. It wouldn't be up to the NHS to ensure that they have free parking spaces for them and it will not be up to them to grit all the footpaths along the road to ensure the employee safety.
NLivesey  
#7 Posted : 11 June 2012 13:36:26(UTC)
Rank: Forum user
NLivesey

Regardless of technicalities the easy solution here is to carry out a RA as you could get into all sorts of issues that are, frankly, not H&S related. If you do this then at least you can demonstrate in black and white to the staff who are making this an issue that you've considered the hazards and implmented suitable measures to mitigate.

It may sound like paperwork for the sake of it but it's probably the path (pardon the pun!) of least resistance in this case and a simple method to resolve the issue.
Tigers  
#8 Posted : 11 June 2012 15:41:50(UTC)
Rank: Forum user
Tigers

Ask specifically which part of the legislation they are referring to - so you can answer their query without guessing. By guessing it gives trhem an oportunity to say - "thats what I meant".
chris42  
#9 Posted : 11 June 2012 17:21:19(UTC)
Rank: Super forum user
chris42

You have no responsibility for the public road, but if you rent a car park for employee use would you not have the same responsibilities for the users as the car park outside the pub (no more / no less). You have taken ownership of this piece of land from what you say.




terrypike  
#10 Posted : 11 June 2012 20:39:40(UTC)
Rank: Forum user
terrypike

you aren't responsible for providing parking for staff, it is for your staff to get to work and by renting a car park you are going beyond what you need to do especially with the extra considerations you have added. It's not really your problem how your staff get to work and you aren't responsible for them while they are on a public highway (unless it is part of their work). I don't think the HASAWA could be applied re access and egress, I would assume you've not got any potholes or obstructions making entry onto your property unsafe from the public highway.

In all reality this could be considered an HR issue as if you have provided parking long term in the past it could be considered custom and practice and effectively become part of their contract of employment (unwritten of course). It may be worth putting it in writing that the car parking and time allowance to move vehicles etc is a courtesy, is not going to be consideered a permanent solution and may be withdrawn at your discression (may be worth getting some professional HR advice just to confirm where you stand).
Ron Hunter  
#11 Posted : 11 June 2012 22:29:03(UTC)
Rank: Super forum user
Ron Hunter

You could always suggest that your employees/colleague write to the HSE Myth Busting panel, who will no doubt be more than happy to adjudicate................
MaxPayne  
#12 Posted : 12 June 2012 07:50:28(UTC)
Rank: Super forum user
MaxPayne

ron hunter wrote:
You could always suggest that your employees/colleague write to the HSE Myth Busting panel, who will no doubt be more than happy to adjudicate................


Indeed true Ron; I think this thread is fairly typical of employers' fear and misunderstanding of H&S legislation and/or the fear that their employees might have some spurious claim against them.
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