How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38679
Experience:  Expert in UK Employment Law
29905560
Type Your UK Employment Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

I suffer with Ulcerative Colitis which results in me needing

Resolved Question:

I suffer with Ulcerative Colitis which results in me needing to use the toilet frequently and immediately. My location in the office is near a toilet. We are going through a restructuring period and some staff are moving desks within the office. I have a new boss who will be moving his office, I am his PA and will move also. The move is within the same building, just a different area. He asked me where I would prefer to sit and I explained my condition (which I didn't really want to explain but felt transparency would assist in him understanding my response) I was happy to sit anywhere so long as it was near a toilet. I was pleased because he seemed to take this on board but yesterday he told me where I would be sitting, there is one toilet nearby but it is the reception toilet for visitors (and others), it is engaged more times than free and would result in my having to make dashes across a busy reception, then perhaps to find the toilet is in use. This seems like a silly thing but it is causing me so much stress, I can't sleep and it is having a knock-on effect on my condition, stress causes my condition to flare up. I don't want to give up my job - I simply can't afford to, I don't want to be difficult at work, I would like to know if by not taking into account my request are my human rights being breached? I have explained to him the difficulty of the location of this reception toilet.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  MaryMeadenEsq replied 1 year ago.

Hello there

-

Can you please tell me what county and what state you are located in so that I can more effectively assist you with the answers to your questions?

-

THANK YOU

-

-

MARY

Customer: replied 1 year ago.
I live in Guernsey British Channel Islands. thank you
Expert:  MaryMeadenEsq replied 1 year ago.

Hello again Judy --

-

Your question was mistakenly placed in the United States employment law category instead of the United Kingdom employment law category and so I must change the category for you now and opt out of the question so that it can be posted on the UK employment law open question list and one of my UK colleagues can take it from there. Please do not respond to this message because your response will send the entire question thread back to me. Just bear with us for a little bit longer and a UK colleague will pick this up as soon as it is moved over to that question board. Best of Luck with this................

-

MARY

-

Expert:  Ben Jones replied 1 year ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Just before we proceed I must advise that we can only deal with UK law and I cannot say whether it is exactly the same as Channel Islands law, do you still wish to proceed?
Customer: replied 1 year ago.

Hello Ben,


 


Yes please do proceed. I totally understand that it may be different to Channel Islands.


 


Kind regards


 


Judy


 

Expert:  Ben Jones replied 1 year ago.
It is likely that your condition will amount to a disability in law. This is defined as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:
• Physical or mental impairment – this can include nearly any medical condition, including progressive conditions and mental conditions;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these are not defined but would include anything considered ‘normal’ in a person's normal daily routine (e.g. eating, washing, driving, walking, shopping, etc.)

If a person satisfies the above elements, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated less favourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

In your case a reasonable adjustment would be to place you near a toilet and ensure that these facilities are nearby and easily accessible. This should not be a big ask in today's office culture and that is what you need to remind your employer of. The duty to make reasonable adjustments is a strict one and to be able to absolve themselves from it, the employer will have to show that it really was unreasonable in the circumstances to make these adjustments. In terms of what you need as an adjustment, that could be difficult to justify.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38679
Experience: Expert in UK Employment Law
Ben Jones and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice