Author Topic: Parking  (Read 2817 times)

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Parking
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Hi,
 I work for a company who does provide a car park. I wish to park out the front of the building in the evening after using the car park in the afternoon in a lay-by for the public. I have been told by my company that I am not to use this is I have a car park space. But I wish to park there. The company have threatened me with an in-house policy called The Conduct Code. Can I park there or are they correct please?.

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Re: Parking
« Reply #1 on: »
Is it a company car?

Re: Parking
« Reply #2 on: »
Will you be “on the clock” while your car is parked where the company tells you not to?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Parking
« Reply #3 on: »
No it’s my car

Re: Parking
« Reply #4 on: »
Yes

Re: Parking
« Reply #5 on: »
Why don’t you want to use the car parking space provided?

Re: Parking
« Reply #6 on: »
I do but at the end of the night it’s just more convenient to walk out the door and get in the car rather than trudge to the car park.

Re: Parking
« Reply #7 on: »
What ever my reason I just want to know if I can be threatened for using a public space. As there are people who also work there and are allowed to. I find this unfair.

Re: Parking
« Reply #8 on: »
So, you want to know if your employer can sack you for contravening their in-house Company Code. You have elected not to trouble us with the contents of this document, or your contract of employment, or any other potentially relevant information for that matter.
Despite this you purport to be seeking meaningful advice, whilst giving the impression to the more casual observer thatyou merely want to have a whinge and get some attention.

From this, I can confidently state that your employer is likely to be looking for any pretext on which to get rid of you, if you give them one. Whether an employment tribunal would find in your favour is far more uncertain than whether anyone else cares, but at the end of the day, you gotta ask yourself one question - do I feel lucky? Well, do you punk?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

Re: Parking
« Reply #9 on: »
If it’s a reasonable management instruction then you can be disciplined for not following it.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Re: Parking
« Reply #10 on: »
Is where you wish to park part of a public highway or is it a private road or an unadopted road? If private or unadopted, who owns it or leases it?

Re: Parking
« Reply #11 on: »

As others have said, there isn't enough information here for meaningful advice.

What I'm hearing is a sense of injustice: some employees seem to use this space without any problem, but you (OP) have not only been told not to use it, but told that doing so would be contrary to the employee Code of Conduct.

So one question is: what part of the code of conduct are you being threatened with?  Failure to follow a reasonable management instruction is a common provision in such a code.  Or perhaps the code even has a provision dealing with car parking.  Either way, we need to know what it says and what exactly has been said (verbally? in writing?).

Is there anything in your contract of employment relating to car parking?  Or anything in corporate policies about it?  Employers have wide latitude for controlling employer behaviour contractually.  There is nothing in principle, as far as I know, that would prevent them from instructing employees where they were allowed to park during working hours, and they may be able to do so outside working hours if doing so would damage or be a risk to the company somehow.   But we don't know whether there are real issues about parking where you want to park, or whether management are making it up for some reason.

If there are lots of employees, I could imagine car parking in the area being controversial with local residents or visitors, and complaints from them might be a reason for a policy. And it seems to be that it wouldn't be an unreasonable management instruction to ask employees not to park in such a way as to cause complaints.

And these other car parkers?  Do they have allocated spaces too, or not?  I could imagine a company telling employees to use their private car park during working hours, if they have a space allocated, so as not to take spaces away from either members of the public or other employees who don't have an allocated space. 

"Unfairness" isn't necessarily something you can take an employer to employment tribunal over. Not all unfairness is unlawful - you'd need to show that you've been treated unfairly because of a protected characteristic. For example, being able to park outside the car park but closer to the exit might be a reasonable adjustment due to disability.

But it could be grounds for internal grievance if a policy is being applied inconsistently (but we don't know if there is such a written policy, or that it is being applied inconsistently - the sparse info provided leaves this open).