Toilet Breaks at Work

Employees are entitled by law to take certain rest breaks at work, but employers are also allowed to adopt policies to ensure that time taken for breaks is not abused or disruptive.

In this guide, we explain the law on rest and toilet breaks and look at the key considerations for employers when managing breaks at work and potentially restricting access to toilets.

 

Section A: Workers’ Rights to Rest Breaks

 

Employees working more than 6 hours a day are entitled to have an uninterrupted break of a minimum of 20 minutes. They can opt to take this break at any time during their working hours, except for at the very start and end of that working time. The employee also has the choice to take this time differently, such as two separate, ten-minute breaks. They can also choose to take this time away from their place of work, eg away from their desk.

This rest break is generally unpaid, unless the contract of employment provides for paid breaks.

If an employee misses a rest break due to work, such as being delayed by a business meeting that overran, the employer must ensure the break is still taken. This is called ‘compensatory rest’. It is sensible to try to agree together how the compensatory rest break should be taken, remembering the break has to be the same length and type (an ‘equivalent period’) as the break they have missed.

Beyond this basic entitlement, it is for employers to decide whether they want to offer extended or additional breaks during the working day, for example, an hour lunch break or specific break rules for smokers.

Rules for these breaks, and whether or not they are paid, should be contained within employees’ contracts of employment.

In addition to rest breaks during the working day or shifts, workers are also entitled to at least 11 hours’ uninterrupted rest between finishing work and beginning the next period of work. If this is not possible, for example because there is an emergency at work, the employer has to act to ensure the employee gets sufficient rest.

An employee is also entitled to 24 hours’ rest in a 7-day period, and 48 hours’ rest in a 14-day period. Although this tends to be taken in most cases as one block of time, it can be two separate 24-hour breaks if the employer decides, or it is written into the employee’s contract.

Zero-hours contract workers have the same right to rest breaks as other workers.

Shift workers may not be entitled to full legal rest breaks for the working day or week if both of the following apply: they change shift patterns, moving from day to night, for example, or there is insufficient time to take the full rest break, perhaps there are less than 11 hours between the end of one shift and the start of another.

The same applies to those workers whose work is split over the day on a so-called ‘split-shift’. This is where someone, for example, works from 6am to 9am and then again at the other end of the day from 7pm to 10pm.

However, employers should always endeavour to ensure their workers receive their full legal rest breaks, where they can, to support employee wellbeing and avoid burnout.

 

Section B: The Law on Toilet Breaks at Work

 

You may be surprised to learn that there is no employment law specifying the number of times or duration allowed for toilet breaks. Because there are no statutory laws protecting toilet breaks, you must ensure that employees are allowed to take their statutory rest breaks. As stated above, this is 20 minutes for all adult workers who work over six hours per day. However, there is no law that prevents you from restricting any further time away from work. Although this should always be approached with caution and within reason.

If you are experiencing problems with staff taking frequent and lengthy toilet breaks, you could consider imposing a time limit. However, what is deemed reasonable may depend on the employee and their job. For example, whether cover is needed before they can go on a toilet break.

The average person tends to use the toilet around 6 to 7 times with a 24-hour period, which equates to approximately 2 or 3 visits in an 8-hour shift. It is important to consider that each person’s bladder is different. External factors can play a large part, which can influence how often a visit to the toilet is necessary. Any action you decide to take which restricts toilet breaks at work should be used with caution, and as a last resort.

It is extremely important that any changes you are considering imposing are communicated to workers, usually within the staff handbook. You should remember that any changes to contractual terms will generally require agreement from the employee. The employee may decide to refuse to sign a new contract containing toilet break restrictions.

It is important that any changes to the rules or company policies should be company-wide and apply to everyone, not just one individual employee, to avoid complaints of unlawful discrimination.

 

Section C: Dealing with Excessive Toilet Breaks

 

The primary consideration when imposing restrictions on toilet breaks at work are issues of health and safety. Under the Health and Safety Act (1974), employers have a duty to ensure the health, safety and welfare of employees at work, and maintain the work setting so that it is safe, and without risk to health. This includes providing adequate facilities and arrangements for employees’ welfare while they are at work.

Restricting access to the toilet may have a negative impact on your employee’s health. It is essential if you have any workers with medical conditions or circumstances which may necessitate them needing frequent toilet breaks, that they feel free to visit it as the need arises. Going to the toilet as and when needed is an important part of an employer’s health and safety duty, while also maintaining employees’ dignity.

Toilet breaks may well be because of an employee’s existing health condition, but placing restrictions on toilet breaks may also cause additional problems, too. Digestive issues, urinary tract infections or kidney infections can all develop into serious health conditions.

Pregnancy, the menopause, using medication, or prostate problems are only a few health conditions that can cause frequent visits to the toilet. Employers are under a legal obligation to prevent unlawful discrimination due to protected characteristics such as disabilities and pregnancy, meaning employers should take reasonable steps to support employees with their health requirements.

Because of these considerations, employers are generally advised to look at alternative measures before restricting access to toilets. For example, if employees are using toilet breaks to use their mobile phones, it may be more effective to restrict the use of and access to mobile phones during work hours.

Consider meeting with employees if you believe they are taking excessive toilet breaks. This gives your employees the opportunity to offer an explanation. If they are unable to give you adequate reasons, despite being given the opportunity to do so, it may discourage them from continuing with their behaviour if you tell them you are monitoring the situation.

 

Section D: Special Cases

 

In certain circumstances, employers may need to accommodate specific needs of their employees, not only to comply with their legal obligations to ensure workforce wellbeing, but also to promote a fair and inclusive workplace. Examples of cases requiring specific consideration include:

 

1. Toilet Breaks for Pregnant Workers

 

When considering toilet breaks at work, it is important to remember pregnant women may need to use the toilet more frequently. They should not be penalised because of their pregnancy, either before taking maternity leave or on their return during the protected period. Instead, think about ways you can assist pregnant employees, such as moving them closer to any facilities. Failure to make reasonable adjustments such as changing working conditions to accommodate their needs could expose you to discrimination claims.

 

2. Employees with Disabilities or Chronic Health Conditions

 

Employees with disabilities may have specific needs regarding toilet breaks. For example, some disabilities might necessitate more frequent or longer breaks. Employers are required to make reasonable adjustments under the Equality Act 2010 to support employees with disabilities. This includes providing appropriate facilities and accommodating any additional break requirements. Ensuring that toilet facilities are accessible and well-maintained is crucial in supporting employees with disabilities.

For example, employees with chronic health conditions, such as diabetes or Crohn’s disease, may require frequent and potentially urgent toilet breaks. Employers should accommodate these needs by being flexible and providing support as needed. A tailored approach that considers the specific condition of the employee can help in managing their needs effectively and maintaining a productive work environment.

 

3. Employees with Temporary Illness

 

Employees suffering from temporary illness, such as infections or digestive issues, may need more frequent access to toilet facilities. Employers should be flexible and understanding in these situations, recognising that temporary health conditions can impact an employee’s need for breaks. It is advisable to adopt a supportive approach, allowing for additional breaks as needed, and ensuring that these employees are not penalised for taking necessary time to manage their health.

 

4. Employees Returning from Long-Term Sick Leave

 

Employees who are returning from long-term sick leave may have ongoing health needs that require additional breaks. It is important to offer flexibility and understanding as they transition back into the workplace. Providing a supportive environment and allowing for gradual adjustment can aid in their reintegration and help avoid undue stress.

 

5. Employees Undergoing Medical Treatment

Employees undergoing medical treatments, such as chemotherapy or dialysis, may need more frequent breaks. Employers should work with these employees to understand their specific needs and make reasonable adjustments to accommodate their health requirements. Ensuring that breaks are manageable and not disruptive to their treatment schedules is essential.

 

6. Employees Experiencing Stress or Mental Health Issues

 

Mental health issues can also impact an employee’s need for breaks. Those experiencing significant stress or mental health challenges might benefit from additional break times. Employers should approach these situations with sensitivity and provide support through flexible break policies and access to mental health resources, if available.

 

7. Seasonal or Environmental Factors

Seasonal changes or environmental factors, such as extreme heat or cold, may affect employees’ need for more frequent breaks. Ensuring that the work environment is comfortable and that employees can take breaks as needed helps in maintaining overall health and productivity.

 

8. Cultural and Religious Practices

 

Employees may have specific cultural or religious practices that require additional breaks, such as prayer times or fasting periods. Employers should respect these practices and accommodate the necessary break times to support diverse employee needs.

 

Managing Special Cases

 

To manage special cases effectively, it is important to conduct individual assessments to understand and address the specific needs of employees. Clear documentation of any agreed-upon adjustments ensures transparency and consistency in how these needs are met.

Regular review and updating of break policies help to incorporate best practices and accommodate various special cases. Providing training for managers and HR staff on handling diverse needs and legal obligations ensures that they are equipped to deal with these situations appropriately.

Open dialogue with employees about their specific needs facilitates making the necessary adjustments. Implementing flexible break policies can accommodate varying needs without negatively impacting overall productivity.

Ensuring that all facilities are accessible and suitably equipped is essential to meet the needs of all employees. Training for managers and HR personnel should focus on handling special cases with sensitivity and adherence to legal requirements.

 

Section E: Monitoring Employee Toilet Breaks

 

In the UK, monitoring toilet breaks is a sensitive issue, and employers must balance their need to manage productivity with respecting employees’ privacy and rights. The law does not explicitly cover the monitoring of toilet breaks, but several key principles and regulations apply.

 

1. Legal Framework and Principles

 

Employees have the right to reasonable breaks and access to toilet facilities as part of their health and safety rights. This right is protected under general health and safety regulations and the Health and Safety at Work Act 1974. Monitoring practices should not infringe upon these rights or create an unreasonable work environment. Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, employers must handle personal data with respect and ensure that any monitoring is proportionate and necessary. Tracking or recording employees’ toilet breaks without their consent could be considered a breach of privacy.

Employers must also ensure that monitoring practices do not discriminate against employees with specific needs, such as those with disabilities, chronic health conditions, or pregnant employees. Discrimination or unfair treatment based on these needs would be against the Equality Act 2010.

 

2. What Is Allowed

 

Employers can assess whether facilities meet legal and health standards. This might involve checking that facilities are clean, accessible, and sufficient for the number of employees. However, this should not involve monitoring individual usage.

Employers can monitor general employee productivity and attendance, but this should not specifically target toilet breaks. For example, tracking overall time away from work through clocking systems is permissible, provided it does not disproportionately impact privacy or target specific types of breaks.

Employers are allowed to set clear policies regarding breaks and restroom use, as long as these policies are reasonable and communicated to employees. Policies should be designed to support workplace efficiency while respecting employees’ rights.

 

3. What Is Not Allowed

 

Employers cannot engage in excessive surveillance or monitoring of employees’ toilet breaks. This includes using cameras or other tracking methods to specifically monitor when employees leave their workstations for toilet use.

Monitoring practices should not be discriminatory or target employees who may need more frequent breaks due to health conditions or disabilities. Treating employees unfairly based on their personal needs or circumstances is prohibited under equality laws.

Employers cannot infringe upon employees’ privacy by recording or scrutinising the duration and frequency of individual toilet breaks. Any monitoring should be respectful of personal privacy and conducted in a manner that complies with data protection regulations.

Employers are permitted to conduct anonymous surveys to evaluate whether toilet facilities are adequate and properly maintained. It would also be acceptable to review general attendance records to identify any patterns that might indicate the need for adjustments to workplace policies.

However, using CCTV in or around toilet facilities to monitor how frequently employees use them is not allowed. Similarly, implementing a system that tracks the exact duration of each employee’s toilet breaks without their consent is prohibited. These practices would infringe upon employees’ privacy and are not in line with legal standards.

 

Section F: Practical Considerations

 

There are no restrictions preventing employers from limiting toilet breaks, but is this is a wise course of action?

If staff have been spending longer periods away from their work for toilet breaks, but there are no performance issues, and work is still being done at the required rate and to the required standard, it may not really be necessary to raise this as an issue.

You should carefully consider employees’ potential reactions to imposing toilet break restrictions. Raising toilet breaks as a management concern can damage morale. Poor work morale can have a significant effect on a business, potentially leading to higher levels of employee turnover, which should be avoided if at all possible.

The best approach is likely to centre around employers having conversations with those employees where issues around lengthy toilet breaks arise. They may have a health condition about which you are not aware. Talking to them may tease this information out and give you a better idea of how you can support them.

Dealing with such conversations sensitively is vital and is often the best route to manage issues surrounding toilet breaks. Giving employees the opportunity to share the reasons for their behaviour and employers sharing their expectations or reminding employees of the guidelines around relevant policies helps both parties better understand the other’s position.

When considering monitoring toilet use, remember that while employers have the right to manage workplace efficiency, they must do so in a way that respects employees’ privacy and complies with legal requirements. Monitoring toilet breaks specifically can lead to privacy concerns and potential legal issues if not handled carefully and transparently.

 

Section G: Summary

 

Toilet breaks, if not managed properly, consistently, and fairly, can lead to unwanted workplace issues, including grumbles, formal complaints and even potential misconduct issues. Employers must adopt a fair, compliant, and consistent approach to managing toilet breaks, ensuring that any special circumstances are fully considered. By being supportive and inclusive, employers can avoid problems such as unlawful discrimination and negative impacts on employee morale and wellbeing.

 

Section H: Need Assistance

 

DavidsonMorris are experienced employment law specialists and HR consultants, offering guidance and support to employers with all aspects of workforce management and employee entitlements. For advice about any aspect of employment law and reducing legal risk for your business, contact us.

 

Section I: Toilet break FAQs

 

How long is a reasonable toilet break at work?

The law is not clear how long a toilet break should be. There are currently no laws protecting toilet breaks, but employers have health and safety duties they must meet and toilet breaks are a part of this.

 

How long can a toilet break be?

Toilet breaks are not given any special legal rights over any other time away from a workstation, and it is entirely up to an employer if they allow you to take as many breaks as you wish or whether they impose restrictions.

 

Is it illegal to not have a working toilet at work?

Employers have a legal duty to provide working toilets and handwashing facilities in the workplace, including separate toilets for men and women if there are employees of all genders.

 

Can employer’s time bathroom breaks?

Employers can impose restrictions on toilet breaks at work because there are no laws protecting toilet breaks, although they must ensure employees are given their statutory rest break period. This is 20-minutes per six-hour shift worked.

 

What are the legal requirements for toilet breaks in the UK?

In the UK, there is no specific legal requirement for the number or length of toilet breaks, but employers must ensure that employees have reasonable access to toilet facilities. This falls under general health and safety obligations to maintain a safe and healthy work environment.

 

How often can employees take toilet breaks?

While there are no strict rules on the frequency of toilet breaks, employees should be allowed to take breaks as needed to manage their personal needs. Employers should ensure that employees can access facilities without unnecessary delay or obstruction.

 

What should employers do to accommodate employees with special needs?

Employers should make reasonable adjustments for employees with special needs, such as those with disabilities, pregnant employees, or those with chronic health conditions. This may include providing more frequent breaks or ensuring that facilities are accessible and appropriately equipped.

 

How can employers address concerns about frequent toilet breaks affecting productivity?

Employers should implement flexible break policies that balance productivity with the need for frequent breaks. Open communication with employees about their needs and providing a supportive environment can help address these concerns effectively.

 

What are best practices for managing toilet breaks in the workplace?

Best practices include ensuring that toilet facilities are clean, well-maintained, and accessible to all employees. Regularly reviewing and updating break policies, providing training for managers, and addressing any issues or complaints promptly can help manage toilet breaks efficiently.

 

Can an employer refuse additional toilet breaks?

Employers should not refuse reasonable requests for additional toilet breaks, particularly if they are related to health conditions or special circumstances. Such requests should be accommodated to ensure the well-being of employees and to comply with health and safety regulations.

 

How should employers handle situations where employees misuse toilet breaks?

In cases of misuse, employers should address the issue through clear policies and communication. It is important to differentiate between genuine needs and misuse. Any concerns should be discussed with the employee in a constructive manner, focusing on finding a fair solution while respecting their needs.

 

What steps should be taken if there are complaints about inadequate toilet facilities?

If complaints arise about inadequate toilet facilities, employers should promptly investigate and address the issues. Ensuring that facilities are properly maintained, accessible, and equipped can help resolve complaints and improve employee satisfaction.

 

Section J: Glossary

 

 

Term	Definition
Toilet Break	A short period of time when an employee leaves their work to use the restroom.
Health and Safety Obligations	Responsibilities of employers to maintain a safe and healthy work environment, including providing access to toilet facilities.
Reasonable Adjustments	Modifications or accommodations made by employers to support employees with special needs, such as those with disabilities or chronic health conditions.
Accessible Facilities	Restroom facilities that are easily reachable and usable by all employees, including those with disabilities.
Flexible Break Policies	Work policies that allow employees to take breaks as needed, accommodating various personal and health-related needs.
Chronic Health Conditions	Long-term or persistent health issues that may require additional accommodations, such as frequent toilet breaks.
Pregnant Employees	Employees who are expecting a child and may require more frequent breaks due to the demands of pregnancy.
Disabilities	Physical or mental conditions that may affect an employee’s ability to perform regular tasks and may require specific workplace accommodations.
Misuse of Breaks	Inappropriate or excessive use of toilet breaks that disrupts work, which should be addressed through clear policies.
Cleanliness and Maintenance	The state of being clean and well-kept, which is crucial for maintaining hygienic and functional toilet facilities.
Supportive Environment	A workplace culture that accommodates and responds to the needs of employees, providing flexibility and understanding.
Productivity Concerns	Issues related to maintaining work efficiency and output, which may arise if toilet breaks are perceived to be excessive.
Complaint Resolution	The process of addressing and resolving issues or grievances related to workplace conditions, such as inadequate toilet facilities.

 

 

Section K: Additional Resources

 

UK Government – Health and Safety Executive (HSE) – Homeworking
https://www.hse.gov.uk/toolbox/workers/home.htm
Provides guidance on ensuring health and safety for employees working from home.

 

UK Government – Data Protection Act 2018
https://www.legislation.gov.uk/ukpga/2018/12/contents/enacted
Details the regulations for handling personal data and privacy rights in the UK.

 

ACAS – Working from Home
https://www.acas.org.uk/working-from-home
Offers advice on managing employees who work remotely, including best practices and legal considerations.

 

UK Government – Equality Act 2010
https://www.legislation.gov.uk/ukpga/2010/15/contents/enacted
Outlines the protection against discrimination and the duty to make reasonable adjustments for employees with disabilities.