Potential disability discrimination at work

[sayjay]

I am trying to help some colleagues who, I believe, may be about to be discriminated against because of a disability.

I work for a large public organisation. Our 'service' rents from a private landlord a large building, also occupied by other public services. There is limited parking available at the building, and it is primarily for service users.

2 of my colleagues have a physical impairment which limits their mobility. They are perfectly capable of doing their job. Until recently they were given special dispensation to park on the site car park. Other staff have to park either a) a ten minute walk away (too far for either of them) b) choose a public pay and display car park close by

The closest public pay and display is directly opposite the building we work in but costs £8 per day. There is another approx 5 mins walk away for £2 per day. There is also a blue badge car park directly opposite the building, but one can only park there for 3 hours.

Both of my colleagues worked for our organisation before the recent move to this new site. Both are 'essential car users' in their contract , and both have had confidential Occupational Health interviews regarding their request for special dispensation to park on site, which was agreed. Neither particularly want to apply for a blue badge.

So from next week my colleagues have the following options:
Park 10 minutes away. Unsuitable for either of them.
Park 5 minutes away for £2 per day. Causing both significant difficulty, probably unsuitable for one, if not both.
Park opposite for £8 per day. Both are very modestly paid and this is a significant proportion of their income, over time.
Apply for a blue badge and park opposite but only for 3 hours.
Public transport. Unsuitable due to childcare drop offs etc or taxi, but both are essential car users.

My feeling is that the organisation is required to make fair and reasonable adjustment to accommodate them. This can easily be achieved by allowing them to park on site, or paying for them to park within a distance they can comfortably manage. Remember these workers have been moved here with no choice from other more accessible sites. Should also add that due to the geography of the area this building is already quite physically difficult to access.
Neither really wants to apply for blue badge, and I can see where they are coming from. Why should they have to? They obviously manage without one in day to day living, why should their employer require them to have one when they have independent verification of their disability from Occ Health?

I am urging them to make a complaint citing DDA. Am I doing the right thing? Who in the organisation should it be addressed to? Chief exec? HR? Any advice appreciated. Thanks.

[olgaga]

Is their line manager aware of the problem? Have they raised the difficulties with her/him verbally or in writing and got nowhere?

If so and you work for a large public organisation there should be a formal grievance procedure to follow which will tell you who the grievance should be addressed to. You would normally find the procedure in the staff handbook.

Their grievance would be that the special dispensation was a reasonable adjustment under the DDA which had been withdrawn without adequate consultation or consideration of their needs, and request that their dispensation be reinstated or alternative financial assistance offered.

[sayjay]

Thank you.
Yes their line manager aware and very supportive, trying all they can to get it sorted and banging their poor head against a brick wall. If the landlord says they can't park there anymore, not much the organisation can do about that.....but I believe the organisation ought to then make alternative arrangements for them.
Will look into grievance policy, thanks.

[missingmumxox]

if they are essential car users, and have mobility issues this should be easy to sort, as in most of us, how we get to work and park (and this could be the confusion) is nothing to do with the employer.
however if they are are using a private car for the travel, then the employer really needs to look at this, disability or not, because it is part of their role, so they could theoretically just need to put the parking charge on their travel claim.
the reason I argue this, is because say they live only half a mile away and essential user in my work place is someone who has to jump in a car at a moments notice, well maybe an hour, but basically using alternative travel to work is not an option.
I do not know of any legal position on this, I am looking at the employers liability on it.
good luck