Workers' right to access the toilet

Last updated

Workers' right to access the toilet refers to the rights of employees to take a break when they need to use the toilet. The right to access a toilet is a basic human need. [1] Unless both the employee and employer agree to compensate the employee on rest breaks an employer cannot take away the worker's right to access a toilet facility while working. There is limited information on the rights workers have to access public toilets among the world's legal systems. The law is not clear in New Zealand, United Kingdom, or the United States of America as to the amount of time a worker is entitled to use a toilet while working. Nor is there clarification on what constitutes a 'reasonable' amount of access to a toilet. [1] Consequently, the lack of access to toilet facilities has become a health issue for many workers. [1] Issues around workplace allowance to use a toilet has given light on issues such as workers having to ask permission to use a toilet and some workers having their pay deducted for the mere human right of using a toilet when they need to. [1]

Contents

Health effects

Inability to access a toilet when necessary has caused health issues such as urinary tract infections, kidney infections, and digestive problems which can later develop into severe health problems. [1] Inadequate access to the use of a toilet when required can lead to substantial problems for people who have prostate problems, going through menopause, or are menstruating for instance. [1]

Call centre workers are commonly encouraged to drink fluids regularly to continue prolonged voice use. [2] However, these employees are generally deprived from accessing a toilet when they need to. [1] Also, drivers such as bus and truck drivers on a timed schedule have been known to have no access to a toilet and thus have a high risk of coming in contact with bladder and stool health problems. Furthermore, the lack of access for a driver may result in a lack of concentration on the road, which is a public safety concern. The need to access a toilet becomes a larger issue than that for the individual who is being immediately deprived. [1]

In 2002 a “Loo Breaks Study” conducted with 200 nurses at St Mark's Hospital, London found that over 75 per cent of the workers had difficulty passing stool at work given the high demand of the job disallowed them to take bathroom breaks. A third of the employees stated that management was regulated in such a way to prevent workers from taking loo breaks during their working hours. [3] The study also found that half of call centre workers postponed taking toilet breaks during working hours due to management restrictions placed on them.

By country

New Zealand

The Employment Relations Act in New Zealand states that an employee must be provided with rest breaks to attend to personal matters. Entitlements to visit the toilet cannot be contracted out of unless reasonably compensated for. [4] However, the law does not state how the employer is to calculate the cost of compensation. [5] Unless contracted out of, the Employment Relations Act states an employee must be provided with toilet breaks. In the absence of an agreement between the two parties, it is to be exercised in good faith. The statute allows an employer to take into account the employee's operational environment and the employee's duty to continuity of their services to their employer. [6] [7]

Employees are entitled to toilet breaks. However the law is yet to develop a specific allowance of toilet access. Here the law bargains on “good faith” which essentially refers to employees and employers not abusing the fact that there are no clear guidelines on the issue. [5]

United States

In the United States, there is a history of denying workers the right to go to the toilet while on the job. [8] The Occupational Safety and Health Administration (OSHA) Agency has undone some of the business opposition to workers taking toilet breaks. OSHA rules indicate that all employees must be provided with toilet facilities. [9] [10] However, issues arise over when a worker can access a bathroom. A memorandum on behalf of OSHA in 1998 stated that workers could only be restricted in accessing toilet facilities if it was reasonable at the given time. [11] However, as seen in Zwiebel v. Plastipak Packaging what is reasonable is still unclear today. [7] Mark Zwiebel was dismissed from his job at Plastipak Packaging in Ohio where he later sued the company on the grounds that they breached the restroom policy within OSHA's restroom service. [10] The court held "While there is a clear public policy in favor of allowing employees access to workplace restrooms, it does not support the proposition that employees may leave their tasks or stations at any time without responsibly making sure that production is not jeopardized. In recognition of an employer’s legitimate interest in avoiding disruptions, there is also a clear public policy in favor of allowing reasonable restrictions on employees’ access to the restrooms." [7] : para 33 

Thus it is clear the court made this decision with policy in mind. The court was clear in its findings that an employee has an obligation to ensure they do not disregard their position as an employee and thus a reasonable restriction on the limitation a worker has to access a toilet is to be allowed. By going to the bathroom a worker cannot be seen to be deserting their job. [7] However, this does raise issues over workers who have a large workload and that attending to the bathroom can be seen as abandoning one's job. [10]

Currently, when an employment dispute arises regarding bathroom use where an employee has been prevented or punished in terms of employment, they are referred to OSHA who decides on each individual case. [12] In addition, OSHA has ruled that where a worker has reasonably waited to visit a bathroom, or where an additional worker is not available, for replacement, in the worker's absence, then the worker is entitled to use the restroom or else the employer will be in breach of their fiduciary duties to the employee. [12] Furthermore, employees must be paid for any break which equates to less than 20 minutes which includes bathroom use. [13]

United Kingdom

In the United Kingdom, the law is unclear on whether an employer can deduct an employee's pay based on the fact they have accessed the toilet for more than 20 minutes in total over a period of six hours of more of work. [14] The Employment Rights Act 1996 states that a worker cannot have their pay deducted unless it is authorised by statute or if the employee has consented in writing. Therefore, unless the employer has written in the worker's contract, or the worker has given written agreement, an employer cannot deduct pay for accessing a toilet. [15] Moreover, an employer is legally allowed to contract out of a worker's right to access a toilet without pay; generally the contract will allow for compensation given the absence of such access. [14] Furthermore, the law is unclear on whether a worker must ask for permission to use the toilet. [16] Some workers have reported having to raise their hand, like a child in pre-school, in order for permission to be granted to simply exercise the basic human need to access a toilet. [1] The above issues are currently gaining attention through the Trades Union Congress so that they may be addressed by Parliament and a specific allowance of access to toilets will be legally accepted. [16] [1] [2] The Trades Union Congress stated there is also a need for a specific legal right to use toilets in the employer's time without a deduction in pay, and without any harassment." [1]

In 2009, contact centre workers in Scotland Yard's control were being forced to record every visit they made to the toilet during their working hours. Workers reported they felt immensely offended and humiliated. Superintendent Russ Hanson-Coles claimed that requiring the phone operators to record their toilet visits as “code three” deterred them from taking unnecessary breaks. [17] The term code three refers to any type of unscheduled break whether that being a toilet visit or the need to fill up a water bottle outside of the scheduled rest breaks. [17] Furthermore, the Workplace (Health, Safety and Welfare) Regulations 1999 do not discuss access to toilets for workers but rather focus on the standard of sanitary conditions toilet facilities are required to be kept. [18]

In 2014 information was revealed that a UK call centre worker had £50 deducted from their pay for using the toilet. [2] [19] The term 'toilet tax' was raised in the House of Commons where former Employment Relations Minister Jo Swinson argued that terms must be clearly outlined in the employee's contract if deductions will be made for using the toilet while working. Furthermore, she stated employers must be cautious not to underpay an employee if they are already on the national minimum wage. [19]

See also

Related Research Articles

The Occupational Safety and Health Administration is a regulatory agency of the United States Department of Labor that originally had federal visitorial powers to inspect and examine workplaces. The United States Congress established the agency under the Occupational Safety and Health Act, which President Richard M. Nixon signed into law on December 29, 1970. OSHA's mission is to "assure safe and healthy working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance." The agency is also charged with enforcing a variety of whistleblower statutes and regulations. OSHA's workplace safety inspections have been shown to reduce injury rates and injury costs without adverse effects on employment, sales, credit ratings, or firm survival.

<span class="mw-page-title-main">United Kingdom labour law</span>

United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".

<span class="mw-page-title-main">Occupational Safety and Health Act (United States)</span> United States labor law

The Occupational Safety and Health Act of 1970 is a US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970. Its main goal is to ensure that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. The Act created the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).

<span class="mw-page-title-main">Australian labour law</span> Rights and duties of workers, unions and employers in Australia

Australian labour law sets the rights of working people, the role of trade unions, and democracy at work, and the duties of employers, across the Commonwealth and in states. Under the Fair Work Act 2009, the Fair Work Commission creates a national minimum wage and oversees National Employment Standards for fair hours, holidays, parental leave and job security. The FWC also creates modern awards that apply to most sectors of work, numbering 150 in 2024, with minimum pay scales, and better rights for overtime, holidays, paid leave, and superannuation for a pension in retirement. Beyond this floor of rights, trade unions and employers often create enterprise bargaining agreements for better wages and conditions in their workplaces. In 2024, collective agreements covered 15% of employees, while 22% of employees were classified as "casual", meaning that they lose many protections other workers have. Australia's laws on the right to take collective action are among the most restrictive in the developed world, and Australia does not have a general law protecting workers' rights to vote and elect worker directors on corporation boards as do most other wealthy OECD countries.

<span class="mw-page-title-main">Public toilet</span> Room or building with toilets for the general public

A public toilet, restroom, public bathroom or washroom is a room or small building with toilets and sinks for use by the general public. The facilities are available to customers, travelers, employees of a business, school pupils or prisoners and are commonly separated into male and female toilets, although some are unisex, especially for small or single-occupancy public toilets, public toilets are sometimes accessible to people with disabilities. Depending on the culture, there may be varying degrees of separation between males and females and different levels of privacy. Typically, the entire room, or a stall or cubicle containing a toilet, is lockable. Urinals, if present in a male toilet, are typically mounted on a wall with or without a divider between them. Local authorities or commercial businesses may provide public toilet facilities. Some are unattended while others are staffed by an attendant. In many cultures, it is customary to tip the attendant, especially if they provide a specific service, such as might be the case at upscale nightclubs or restaurants.

<span class="mw-page-title-main">United States labor law</span> US laws on fair pay and conditions, unions, democracy, equality and security at work

United States labor law sets the rights and duties for employees, labor unions, and employers in the US. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.

<i>Canada Labour Code</i> Canadian employment legislation

The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.

Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.

<span class="mw-page-title-main">Potty parity</span> Equitable provision of public toilets or men and women

Potty parity is equal or equitable provision of public toilet facilities for females and males within a public space.

<span class="mw-page-title-main">Unisex public toilet</span> Public toilets that are not separated by sex

Unisex public toilets are public toilets that are not separated by gender or sex.

<span class="mw-page-title-main">Trade Union and Labour Relations (Consolidation) Act 1992</span> United Kingdom legislation

The Trade Union and Labour Relations (Consolidation) Act 1992 is a UK Act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.

<span class="mw-page-title-main">Employment Rights Act 1996</span> United Kingdom Law

The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.

Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.

<span class="mw-page-title-main">Employment Relations Act 2000</span> Statute of the Parliament of New Zealand

The New Zealand Employment Relations Act 2000 is a statute of the Parliament of New Zealand. It was substantially amended by the Employment Relations Amendment Act 2001 and by the ERAA 2004.

<span class="mw-page-title-main">Break (work)</span> Period of time

A break at work is a period of time during a shift in which an employee is allowed to take time off from their job. It is a type of downtime. There are different types of breaks, and depending on the length and the employer's policies, the break may or may not be paid.

<span class="mw-page-title-main">California Labor Code</span> Collection of Californian civil law statutes

The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. The stated goal of the Department of Industrial Relations is to promote and develop the welfare of the wage earners of California, to improve their working conditions and to advance their opportunities for profitable employment."

South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.

<span class="mw-page-title-main">Right to sit</span> Policies granting the right to be granted suitable seating at work

The right to sit refers to laws or policies granting workers the right to be granted suitable seating at the workplace. Jurisdictions that have enshrined "right to sit" laws or policies include Japan, Mexico, France, Spain, Argentina, the United Kingdom, Jamaica, South Africa, Eswatini, Cameroon, Tanzania, Uganda, Lesotho, Malaysia, Brazil, Israel, Ireland, Zambia, Guyana, the Indian states of Tamil Nadu and Kerala, several Canadian provinces and territories, and the British overseas territories of Gibraltar and Montserrat. Almost all states of the United States and Australia, as well as the majority of Canadian provinces, passed right to sit legislation for women workers between 1881 and 1917. US states with current right to sit legislation include California, Florida, Massachusetts, Montana, New Jersey, New York, Oregon, Pennsylvania, West Virginia, and Wisconsin. A right to sit provision is included in the International Labour Organization's Hygiene Convention, 1964; the international treaty being ratified by 52 countries as of 2023. EU-OSHA recommends suitable seating as a best practice. Local jurisdictions with right to sit laws include Portland, Oregon; St. Louis, Missouri; and London's Royal Borough of Kensington and Chelsea.

<span class="mw-page-title-main">Potty parity in the United States</span>

Potty parity in the United States refers to laws and policies granting women the right to equitable access to restrooms in public places and workplaces. Spearheaded by women workers, potty parity has long been a pillar of both the feminist movement and the labor movement. Prior to the passage of potty parity legislation, women's restrooms in many workplaces and public places were either absent or insufficient. Despite the passage of legislation, equitable access to public toilets remains a problem for women in the United States. No federal legislation relates to provision of facilities for women; however, Occupational Safety and Health Administration regulations stipulate "toilet rooms separate for each sex" unless unisex toilets are provided. States with active potty parity laws include Arkansas, Illinois, Kentucky, Massachusetts, Nevada, Tennessee, Virginia, Washington, and West Virginia. Some states, including Alabama, Minnesota, and North Carolina have repealed their laws.

<span class="mw-page-title-main">Break room</span> Workplace area

A break room is a room in a workplace where employees can go during meals and other breaks.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 "Give us a (Loo) break!". Trades Union Congress . 8 March 2010.
  2. 1 2 3 "'Toilet tax' hits call centre staff, says MP". BBC News . 6 November 2014.
  3. ↑ "Hazards 81 extended briefing: Toilet breaks". Hazards Magazine.
  4. ↑ Employment Relations Act 2000 (NZ), s 20.
  5. 1 2 "Rest and meal breaks". Employment New Zealand.
  6. ↑ Employment Relations Act 2000 (NZ), s 69ZE
  7. 1 2 3 4 "Zwiebel v. Plastipak Packaging 2013 Ohio 3785". Ohio Court of Appeals (3rd District). September 3, 2013.
  8. ↑ Marc Linder and Ingrid Nygaard. Void Where Prohibited: Rest Breaks and the Right to Urinate on Company Time. Ithaca, NY: Cornell University Press, 1998
  9. ↑ "Standard 1910.141 – Sanitation". Occupational Safety and Health Administration .
  10. 1 2 3 Hyman, Jon (11 September 2013). "When You Gotta Go, You Gotta Go: The Right to Workplace Bathroom Breaks". Workforce.com .
  11. ↑ Miles, John B. "Interpretation of 29 CFR 1910.141(c)(1)(i): Toilet Facilities". Occupational Safety and Health Administration .
  12. 1 2 "Is it legal to restrict workplace bathroom visits to a certain number a day??". Human Resource Blog. Labor Law Center. April 2, 2008.
  13. ↑ "Is it legal to restrict workplace bathroom visits to a certain number a day??". Human Resource Blog. Labor Law Center. April 2, 2008. Under the federal FLSA or Fair Labor Standards Act, employees must be paid for any breaks shorter than 20 minutes. This would include bathroom breaks. This law applies to most employers in the U.S.
  14. 1 2 "Is my employer allowed to dock my pay for taking loo breaks?". TUC Work Smart.
  15. ↑ "Employment Relations Act 1996 (UK), s 13(1)".
  16. 1 2 "Do I need to ask permission to use the toilet?". TUC Work Smart.
  17. 1 2 "Police must record toilet breaks". BBC News . 27 July 2009.
  18. ↑ "Workplace (Health, Safety and Welfare) Regulations 1992 (UK), s 20".
  19. 1 2 "Toilet breaks are a worker's right, minister tells MPs". BBC News . 20 November 2014.

Selected publications

Marc Linder and Ingrid Nygaard. Void Where Prohibited: Rest Breaks and the Right to Urinate on Company Time. Ithaca, NY: Cornell University Press, 1998

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.