Can My Supervisor Do This ?

[Charlotteburton 0]

• #1

Hi I am Charlotte . I work in a call centre and I am 4 months pregnant She has a new rule now that no one is allowed to go to the toilet unless it is their break time and and they are locked . Is she allowed to do this 

[Ridgewalk 97]

Wouldn't have thought so. Hope you get some good advice on here

[MJ01 439]

The Health & Safety at Work Act 1974 is your go-to document.

 

Unless it states in your contract that you're not allowed toilet breaks, your employer has to allow you toilet breaks when you need them - even more so given that you have a medical condition (pregnancy) that necessitates this. 

 

An employer can take steps if an employee is taking 'excessive toilet breaks' but there is no definition of 'excessive' in the Act however.

[the_bloke 17]

3 hours ago, Charlotteburton said:

• #1

Hi I am Charlotte . I work in a call centre and I am 4 months pregnant She has a new rule now that no one is allowed to go to the toilet unless it is their break time and and they are locked . Is she allowed to do this 

Not really no. She can't tell you that you can't go to the toilet when you need to go, but she can deduct it from your break time if you go outside of your designated break periods. She's well in her right to force you to ask her to unlock it though.

[Guest]

No they can’t. As MJ01 already mentioned it is in breach of the Health and Safety at Work Act and would also be pregnancy discrimination under the Equality Act 2010. 

Edited February 8, 2020 by Guest

[Liose 10]

No.  What is the company size? I.w how many people work there? Is there a HR team and have you had a pregnancy risk assessment (does she know?)

[spider1 11]

Dont think she would do this unless some one is taking the mick some one would be  letting her tires down or a lot worse '. This would not happen in a male enviroment i am sure

[DeZeus 11]

On 8 February 2020 at 07:09, Charlotteburton said:

• #1

Hi I am Charlotte . I work in a call centre and I am 4 months pregnant She has a new rule now that no one is allowed to go to the toilet unless it is their break time and and they are locked . Is she allowed to do this 

Hi Charlotte:

 

 

IMHO Speaking as an Retired Union Person.

 

The First thing I would question - is it HER Personal Rule or the Call Centres own rule?

 

If it's the Company Rules.....Consult your HR Handbook....?

If it isn't covered There it AINT a Real Rule.

 

In a Call Centre the go to place is - CWU - A Telecommunications Union.

 

Plus you might find out that your Supervisors/Managers/Senior Managers/HR 

have little or No Legal Expertise, or Legal Training.

 

If it sounds unfair it's usually wrong....

 

[rg-decor 10]

Think I would look for another job.

[MillerMike 10]

Keep a diary and note the when and who.

 

a solicitor would find it a goldmine when you make a claim

[Crzy J 0]

Legally, your employer (which I assume you mean by 'supervisor'  is entitled to impose internal regulation on breaks and use of facilities. Such regulation must not, however, be discriminatory or place yourself in a 'less favourable position' that other employees. Maternity (and by extension, pregnancy) is one of the 'protected characteristics' under the Equality Act 2010.  Therefore, by preventing you from using the facility and/or imposing other restrictions on the same, your employer may be in breach of the relevant legislation.  

 

You may wish to consider the following actions: 

 

1. Speak to your 'supervisor' explaining the situation. 

2. Escalate the matter to HR. 

3. Keep logs and diaries. 

 

The issue is that ACAS and employment tribunals would require more than just a few occasions in order to take your claim (or for your claim to have reasonable chance of success) and unless you can demonstrate you have exhausted alternative means of resolving the 'dispute'.  

 

If none of the above works, consider taking out legal advice. Citizens Help may be used in the first isntance. 

 

 

Edited May 2, 2020 by Crzy J