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"Dickensian" firms slammed for toilet break policy

11 July 2008

Supermarket giant Tesco and supplier Brown Brothers have been branded "Dickensian" by union Unite because of the policy which forces workers to clock off when they need a toilet break.

Staff are also expected to provide medical evidence in order to be excused from the system, which the union says presumably means that pregnant women or those having their period would have to get a doctor's note as evidence of their need for more frequent bathroom breaks.

Unite joint general secretary Tony Woodley says: "We believe these are Dickensian employment practices.

"It is outrageous that in 2008 workers should have to endure the indignity of clocking out for toilet breaks as well as other practices which we believe invade their privacy."

The union believes Tesco must be responsible for standards in its supply chain and is leading a campaign to end unfair practices of workers in the meat sector.

It adds that Tesco must do everything in its power to investigate these practices and put an end to them.

Under the Working Time Regulations 1998 workers are entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours.

Trish Morrill, Legal Executive in the employment team comments: "While the law is currently unclear on whether employees have the right to use the toilet during the day, there is a clear right to use the toilet during the uninterrupted break of at least 20 minutes if working more than 6 hours a day."

"The TUC are currently pressing for legal changes to force Britain's bosses to treat their workers with respect and provide them with the right to take a toilet break during paid working time, except where that could endanger other workers. There may also be health issues in both the short and long term to employees caused by failure to allow toilet breaks without the fear of loss of wages."