Question about medical issue and work

kate1986_2

I'm having a bit of a problem at work at the moment which is making me feel like I'm back in school. I've been told I'm going to the toilet too much, but I've been diagnosed with IBS. I've literally had to publically explain myself to a manager as to how I wasn't making a good start to the month by going to the toilet outside of my break times. On average I probably only go once per day in an 8 hour shift when I'm not on a break, but sometimes I just can't help it. I've now been told that my work shift is going to be extended by 30 minutes and they'll give me extra breaks throughout the day. Are they allowed to do this? I'm contracted for a certain number of hours, but these breaks will obviously be unpaid so technically they aren't amending my contract. Apparently it doesn't make any difference if I get a note from my doctor.

Stacyluvya

I don't know officially but surely they can't do that because of a medical reason!!! It's not like you are having extra breaks to sneak off and have a cigarette or out shopping. I would say no to this!

KPG82

I have Crohns disease, which is covered by the Equality Act (formerly disabilty discrimination act)

Unsure on IBS, i think can also be covered dependant on severity, but is worth looking into as the employer will have obligations regards this

I cant post links as pretty new/don't post much, but googling IBS and disability act should bring u a few links and hopefully point you in the right direction

marybelle01

I think you are going to struggle to refuse. I don't think they are being "fair", but they are being "reasonable". You said that you need to go for toilet breaks more often due to a medical condition. They have made a "reasonable adjustment" of giving you more (unpaid) breaks. Even a disability only gets "reasonable adjustments".

nodiscount

It all depends on how much the IBS affects you. If it has a big impact on your life (putting it simply, there is a legal definition but I won't go into it) you may be covered by The Equality Act.
This means you are 'protected' to a certain extent meaning that your employer must not discriminate against you and must remove barriers at work. One example of removing barriers is allowing you to go to the loo more often (if this is a 'reasonable' adjustment).

So the first question for you to answer is, how much does the IBS affect you? If the effects are more than trivial you might be covered by the law.

How long, on average, do you spend for the extra toilet break?

marybelle01

nodiscount wrote: »

One example of removing barriers is allowing you to go to the loo more often (if this is a 'reasonable' adjustment).

I think you are missing the point. The employer has allowed more loo breaks. They are simply not paying for the breaks, which they are not required to do. I think they are being pedantic and daft, but they are doing so within the law and have made a reasonable adjustment as they may be required to do.

nodiscount

marybelle01 wrote: »

I think you are missing the point. The employer has allowed more loo breaks. They are simply not paying for the breaks, which they are not required to do. I think they are being pedantic and daft, but they are doing so within the law and have made a reasonable adjustment as they may be required to do.

I don't think it's that simple. It all depends on the resources of the employer and other aspects too. Does the employer allow others to take cigarette breaks etc?
Furthermore who is to say that the OP is taking an extra 30 minutes out of their day anyway? If they are taking 15 minutes extra it is unfair to make them work another 30.

marybelle01

nodiscount wrote: »

I don't think it's that simple. It all depends on the resources of the employer and other aspects too. Does the employer allow others to take cigarette breaks etc?
Furthermore who is to say that the OP is taking an extra 30 minutes out of their day anyway? If they are taking 15 minutes extra it is unfair to make them work another 30.

Then the OP takes 30 minutes extra breaks.

nodiscount

Erica has anxiety and irritable bowel syndrome, which means that she needs regular toilet breaks. Her employer has a policy that staff are only allowed a total of three toilet breaks a day. Although this policy applies to all staff, it has a bigger effect on some disabled staff, including Erica, that is disproportionate when compared to non-disabled staff. This policy will be discriminatory unless her employer can justify how it is a proportionate means of achieving a legitimate aim.

http://www.rethink.org/living-with-mental-illness/mental-health-laws/discrimination/types-of-discrimination

nodiscount

marybelle01 wrote: »

Then the OP takes 30 minutes extra breaks.

What if she doesn't need the extra 15 minutes?

If the employee is covered by the Act the employer should be supportive and not discriminate.

OP, get some proper advice. Try the EASS (but I have heard service can be a bit patchy). Let us know what they say.

http://www.equalityadvisoryservice.com/app/ask

marybelle01

You are still totally ignoring the fact that the employer has given extra loo breaks. There is nothing that says these extra breaks have to be paid. Reasonable adjustments of working time do not have to be paid. The OP wanted extra loo breaks, they have got them.