Q: My wife has been told that if she goes to the toilet in work hours, she could faces disciplinary action and can only go at break times. She has gall bladder problems and is worried. Is this not against basic human rights?
Nov 22 2007
Answered by: Marc Barber Ask a question
If a worker needs to take breaks so frequently that it interferes with their ability to do their job to a satisfactory standard then they may not be fit for work and ultimately may be disciplined for incapability.
This seems harsh, however, the development of employment law has left employers with few options when it comes to removing employees who do not enjoy good health. However, on the other hand, it could well be that reasonable adjustments should be made to accommodate your wife’s illness especially if it can be classed as a disability.
Whether or not gall bladder can cause a disability is not for me to say. Your wife’s doctor may be able to provide her with a letter for her employer which would indicate a) the likely duration of the problem and b) whether it is classed as a disability and c) what adjustments would help your wife to manage her condition and fulfil her job requirements.
It is not clear who has told your wife that she could be disciplined for taking regular breaks, and if she hasn’t done so already I suggest that she speaks informally to her manager and seeks a mutually agreeable solution.
But if this isn’t forthcoming, and if your wife feels that the nature of her work and the need to take rest breaks during working hours are not mutually exclusive then she should lodge a grievance with her employer in writing as is her right. Her employer would then have to decide whether to deal with the matter reasonably in house, or risk leaving your wife no option but to seek redress in tribunal for what she may feel is constructive dismissal.
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