27 March 2021  /  Updated 17 July 2021
Legal advice re mas...
 
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Legal advice re mask-wearing in the workplace

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Anonymous
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 Anonymous
(@Anonymous)
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Also no face nappies on staff in my local Sainsbury's either, and I'm in there most days. Could write to head office and ask them to clarify? And if it's not the case that they've mandated face nappies, show your boss the reply?

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Ben Shirley
Posts: 86
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(@ben-shirley)
Joined: 1 year ago

Thanks for your replies.

craggle - I haven't been singled out personally, everyone in my store was being told to wear them. However, a few successfully pleaded medical exemption. I was working a morning shift. I know that in the evening, the line manager then on duty didn't enforce the rule as she took the point of view that customers don't wear masks so much in the evenings, so she didn't expect the staff to. I suspect the situation in other branches will depend very much on the zeal of their managers.

Sir Gus - Four years

four_horsemen - No, I don't belong to a union but am considering joining the Workers of England Union to make my case, even though I didn't get a great first impression of it. The Law or Fiction link is very helpful, thank you. As I said, I did contact Robin Tilbrook but wasn't impressed with the response. I think I will just get in touch with my local solicitors firm.

Adam - Head Office actually mandated masks to coincide with the government making them mandatory for customers. However, the rule was universally ignored by managers and workers alike until yesterday, the reason being that Head Office was issuing each colleague with a supply of reusable masks, so there would be no excuses for not having one.

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Herenow
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(@herenow)
Joined: 1 year ago

I can't find anything more up to date, but this is from 25th July:

"Similarly Sainsbury's has previously adopted a policy stating: "Masks are available for all our colleagues who wish to use them while they work or travel to their place of work.” (my bold)

https://www.bristolpost.co.uk/whats-on/shopping/asda-morrisons-tesco-staff-wont-4353675 Apologies if the formating doesn't work.

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Sir Gus
Posts: 42
(@sir-gus)
Joined: 2 years ago

Four years service would mean you have automatic protection from unfair dismissal (including constructive unfair dismissal) - an unpaid suspension I would say is very dodgy and could well be a breach of contract. Even paid suspensions are dodgy nowadays and should only be an absolute last resort. If I was their HR adviser I would be tearing my hair out at this point.

Also as others have said, you may well be protected under the EA 2010 as well and that's a 'day one' right.

You could call the ACAS helpline for guidance and also raise a detailed grievance (ask for a copy of their grievance procedure). You are then entitled to a grievance hearing and you have the right to be accompanied by a colleague or TU rep. If you do, cite unfair treatment, suspension, breach of contract, breach of trust and confidence, and direct disability discrimination under the EA 2010. If you have the funds, get legal advice.

All the information about how to do this is easily found online.

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Ben Shirley
Posts: 86
Topic starter
(@ben-shirley)
Joined: 1 year ago

Herenow - this is the statement I was referring to: https://jsainsbury.sharepoint.com/sites/OurSainsburys/Retail/OpsCommsLibrary/Daily/News@9%20-%2017%20July%202020.pdf

Sir Gus - Thanks, I think my next step will be to get in touch with ACAS to move ahead with a grievance.

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