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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44412
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I suffer with Ulcerative Colitis which results in me needing

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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.

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?






Customer: replied 3 years ago.
I live in Guernsey British Channel Islands. thank you

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................




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 3 years ago.

Hello Ben,


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


Kind regards




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, UK Lawyer
Satisfied Customers: 44412
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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