Permission to go to the toilet!

[ErikaPNP]

The Human Rights Act would not apply here, as the act governs the relationship between a state and all those persons who find themselves within the power and authority of that state. It doesn't govern the relationship between private individuals or employer/employee relations.

 

There is no law which states an employee is entitled to use the toilet in work time. What the law does state is an employee is entitled to a 20 minute rest break if they work over 6 hours in a day, but there is nothing aside from this in regard to breaks from the working environment. Some unions are pressing for a change in the law which would afford an employee the right to use the toilet out with the break period. Aside from any law, it's downright degrading having to seek permission to pee as an adult.

 

This type of carry on is known in call centres unfortunately, and has been the subject of headaches for some time, see here: Hazards Magazine and WHIN

 

I seem to remember a thread where there was a light went on in the area when someone was in the toilet and another individual could not go until the light went off again, signalling that someone else could use the facilities.

[ErikaPNP]

There are implied terms of all employment contracts though, several of which could apply, including health and safety.

 

And my understanding of the human rights side of it is that a court or tribunal must interpret the law in a way which is compatible with convention rights, so this avenue is not entirely closed off.

 

The action could not be raised under "The Human Rights Act" unless the employer is a public authority. Action can be raised in relation to human rights which are incorporated into Employment law, but not the human rights act itself.

 

It is unlawful for a public authority to act in a manner which is incompatible with a convention right. Section 6, Human Rights Act 1998. There is no mention in the Human Rights Act of it being unlawful for any other individual or private business acting in a manner which is incompatible with a convention right.

 

Though courts must interperet legislation as far as possible in a manner which is compatible with the convention, this does not allow them to over ride legislation if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention. All they are able to do in this situation is issue a declaration of incompatibility (more info on that here) Declaration of incompatibility - Wikipedia, the free encyclopedia

 

Full legislation for human rights act: Human Rights Act 1998 (c. 42)

 

From Directgov Human rights in the workplace : Directgov - Employment

 

From EHRC EHRC - Questions about human rights

[ErikaPNP]

Probably the best approach.

 

"Miss! Miss!! I need a WEE WEE!!!

oh no. it's too late.