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No Toilet

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  • 18-07-2018 8:35am
    #1
    Lashes28
    Registered Users Posts: 1,787 ✭✭✭


    Hi
    I work in retail. We recently moved store in to a shopping centre with no Toilet facilities in our store,we have to use the centre toilets. However our shifts have changed and we can go hours on our own with no cover for a toilet break.
    Management basically laughed when we approached them about it.
    Is there any legislation about it?


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    #2
    georgewickstaff
    Registered Users Posts: 360 ✭✭georgewickstaff


    Yes there is.


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    #3
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Your management need to provide cover for your rest periods as you should be free to leave the premises. 15 min after 4.5 hours.
    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/rest_periods_and_breaks.html
    If you need to go more frequently that that you would need to submit a doctors cert and the management would need to look at as disability and would only need to make reasonable accommodation (this could mean letting you go for being unable to fill the role). The management also should have provision for female staff as personal hygne during periods would also have to be taken into consideration under their healthy and safety responsibilities. If you don't have a way to close and lock the doors for any emergency evacuation the management are not good planners.

    Anyway if the management laughed instead of having a discussion it's CV time, they chose to move onto a store and will be saving on rent and cleaning and you could spend your 15 min break travellong to and from the public facilities.


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    #4
    OMM 0000
    Registered Users Posts: 3,733 ✭✭✭OMM 0000


    Lock the door. Put a sign "back in 5 minutes".

    Not sure what else you can do!


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    #5
    Twelve Bar Blues
    Registered Users Posts: 161 ✭✭Twelve Bar Blues


    OMM 0000 wrote: »
    Lock the door. Put a sign "back in 5 minutes".

    Not sure what else you can do!

    I second this as a quick fix, but needs to be addressed correctly for a long-term solution.


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    #6
    C3PO
    Registered Users Posts: 3,762 ✭✭✭C3PO


    Glass fused light wrote: »
    Your management need to provide cover for your rest periods as you should be free to leave the premises. 15 min after 4.5 hours.
    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/rest_periods_and_breaks.html
    If you need to go more frequently that that you would need to submit a doctors cert and the management would need to look at as disability and would only need to make reasonable accommodation.

    Needing to pee before 4.5 hours has elapsed could be construed as a disability? Seriously? Me and half the world must be disabled so!
    It is unreasonable for an employer to expect an employee to go 4.5 hours without a toilet break and I don't believe that legislation would suggest otherwise ... can you reference this?


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    #7
    Neyite
    Administrators, Politics Moderators, Society & Culture Moderators Posts: 25,947 Admin ✭✭✭✭✭Neyite


    Glass fused light wrote: »
    Your management need to provide cover for your rest periods as you should be free to leave the premises. 15 min after 4.5 hours.
    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/rest_periods_and_breaks.html
    If you need to go more frequently that that you would need to submit a doctors cert and the management would need to look at as disability and would only need to make reasonable accommodation (this could mean letting you go for being unable to fill the role). The management also should have provision for female staff as personal hygne during periods would also have to be taken into consideration under their healthy and safety responsibilities. If you don't have a way to close and lock the doors for any emergency evacuation the management are not good planners.

    Anyway if the management laughed instead of having a discussion it's CV time, they chose to move onto a store and will be saving on rent and cleaning and you could spend your 15 min break travellong to and from the public facilities.


    Those are rest breaks from work, though, not toilet breaks. There are no guidelines regarding toilet breaks in employment legislation.

    I've worked for some really sh!tty employers over the years and not one has ever restricted use of toilets.

    What about periods? Not like you can cross your legs and hold it in.


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    #8
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    C3PO wrote: »
    Needing to pee before 4.5 hours has elapsed could be construed as a disability? Seriously? Me and half the world must be disabled so!
    It is unreasonable for an employer to expect an employee to go 4.5 hours without a toilet break and I don't believe that legislation would suggest otherwise ... can you reference this?

    As Neyite stated below, plus as far as i know there no specific timing in the legistation just that facilities must meet some criteria see regulation 20 of the PDF
    http://www.hsa.ie/eng/Publications_and_Forms/Publications/General_Application_Regulations/gen_apps_workplace.pdf

    The disability bit comes from getting the doctors cert if this is produced the managers have a legal obligation to act while currently they just have a moral obligation to look after their staff.
    Anyone can be caught short but people with "normal" bladder control could be able to last 4.5 hours between toilet breaks on a regular basis after all most start training in primary school. I know that changes with age etc. The issue, as I see it, is that we are creatures of habit and where the staff would have irregular start times it's hard to form a routine.
    I don't think that it is reasonable that an employer would place an employee in the position where they have no access to a toilet. And to laugh at the employees after downgrading to a shop without facilities shows the value the place on their sales people.
    Neyite wrote: »
    Those are rest breaks from work, though, not toilet breaks. There are no guidelines regarding toilet breaks in employment legislation.

    I've worked for some really sh!tty employers over the years and not one has ever restricted use of toilets.

    What about periods? Not like you can cross your legs and hold it in.

    Agreed there is a strong indication that these employers are a bit sh!tty.
    And the reason I mentioned females and periods is that a large retailer (Dunnes from memory) lost a labor case where a manager refused to facilate a female staff member access to a toilet. Although its so long ago I can't remember the specifics, this would have set a precedent or minimum standard to which employers would be expected to meet.
    There is probably a similar case for toilet breaks too.


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