Hello.
I am currently seeking legal advice with regard to an incident that happened yesterday in my workplace. Working on the shop floor in Sainsbury's, I was approached by my manager with a box of masks and told to wear one because Head Office had made muzzling for all shop-floor employees compulsory. Naturally, I said I could either carry on working normally or I could leave the shop there and then, with the threat of legal action if they refused to let me work without restrictions on my breathing. I would have gotten away relatively lightly, only working 16 hours a week, but in the worst cases employees will have to wear masks for eight consecutive hours, five days a week.
After being taken aside for a 'chat', I explained that I was exempt from wearing a mask and they had no legal authority with which to force me to comply. My line manager insisted on seeing medical proof of an exemption, which of course I couldn't supply, so I pointed out that one could claim legitimate exemption on the grounds of masks causing severe distress. Now for the best bit, my line manager said, "Yes, that's right, but we can't have everyone saying that or no one will wear a mask." I am now on unpaid, unauthorised leave.
As far as I'm concerned, I have several points from which to pursue a legal case:
In demanding medical proof, my employer is in contravention of the Equality Act 2010
My line manager actually admitted that I do have legitimate grounds for exemption, but he's not going to accept them anyway
There is evidence that prolonged mask-wearing can cause health problems, e.g. respiratory difficulties or skin irritation. Has Sainsbury's addressed these in its risk assessment? If I develop health problems as a result of mask-wearing, whom do I sue?
If not proof, it is surely pretty damning evidence that masks cause me severe distress if I am prepared to walk out of my job over the matter
My immediate thought to was to make use of the free legal consultation offered by Robin Tilbrook at the bottom of the LS daily updates, but unfortunately the 'If it's too good to be true...' adage applies. Instead of a consultation, Tilbrook advised me to pay a subscription to the Workers of England Union and use it to file a formal grievance, which doesn't sound like it carries much weight. The WEU is a decidedly amateurish-looking outfit with links to Tilbrook's English Democrats party.
I have no experience of the legal system so am a bit out of my depth, and would appreciate any advice anyone can give me. If anyone has used a solicitor in London, Surrey or Kent that they would recommend, I would like to know about them.
I appreciate I have acted somewhat capriciously, but since my choice was restricted to capricious defiance or craven compliance, I am satisfied I have acted rightly.
Thank you.
Last time I went in a Sainsbury's, no one (staff or customers) was wearing a mask. I would be inclined to visit a few local stores and see if this has changed or whether you have been singled out.
How long have you worked there Ben?
A few suggestions.
Do you belong to a union? even if not, I would still seek their advice, you might still be able to join up.
Also see the link below from 'Law and Fiction' a section regarding employees wearing masks at work, very useful.
https://www.laworfiction.com/2020/07/time-to-blow-the-whistle-on-shops/
The legal firm mentioned by lockdown sceptics site is definitely worth contacting,
Fwiw, ask Sainsbury's management/HR if you can work without being directly on the floor, Ive noticed i.e. the checkouts - staff are behind Perspex and don't wear masks, in the bakery or fish/deli counter, no mask, some floor staff have a visor, and Ive noticed around 9pm some of the stores overnight workers do not wear a mask, no customers after 10pm.
I visit with a lanyard a large Sainsbury's superstore and a standard size Sainsbury's and observed this.
A few suggestions.
Do you belong to a union? even if not, I would still seek their advice, you might still be able to join up.
Also see the link below from 'Law and Fiction' a section regarding employees wearing masks at work, very useful.
https://www.laworfiction.com/2020/07/time-to-blow-the-whistle-on-shops/
The legal firm mentioned by lockdown sceptics site is definitely worth contacting,
Fwiw, ask Sainsbury's management/HR if you can work without being directly on the floor, Ive noticed i.e. the checkouts - staff are behind Perspex and don't wear masks, in the bakery or fish/deli counter, no mask, some floor staff have a visor, and Ive noticed around 9pm some of the stores overnight workers do not wear a mask, no customers after 10pm.
I visit with a lanyard a large Sainsbury's superstore and a standard size Sainsbury's and observed this.
