Who do I escalate this to?

MrsFlahdeblah

Hope this is the right place for this question. I'm medically exempt from wearing a face covering. I always wear a lanyard with an exemption badge and am very careful when I'm in any shops to keep well away from people. Yesterday I visited a local garden centre/hardwear store. I haven't been there since before the 1st lock down as I did not consider anything I needed as essential. However I did need to get an item for work from them. I was in the outside part of the store when their member of staff told me their company policy was no exemptions and he could offer me a visor or mask
I showed him my already visible lanyard and explained I'm exempt by law. He said I must wear mask or visor in store. I again told him he could not tell me I was not exempt so he asked me to leave. 
So I've emailed a letter, telling the store my complaint is not with the staff member and how the store is one of my favourites but they cannot refuse exempt customers from shopping there. I attached information on this from the disability discrimination website too. 
If they do not reply or if they do not accept they cannot hold the policy they have, who do I escalate my claim to? My intention is not to cause huge fuss in already difficult times, but they cannot and should not try to remove someones rights by law. I wonder how many have been turned away? 
Thank you if you can point me in the right direction. 

Martin_the_Unjust

It’s their shop, it’s their rules. As far as I’m aware not being able to wear a mask or a shield is not a protected characteristic.

Just out of curiosity why can’t you wear a face shield?

yksi

I realise you were just curious, but actually it's none of your business. People's private medical situation is PRIVATE and the OP is correct that they cannot discriminate against what might be a protected characteristic. There are certainly valid medical reasons that people cannot wear face shields and just because we can't get our heads around them doesn't mean they aren't valid. PTSD, nerve pain and anxiety are the most common but they certainly aren't the only ones.

I don't know who you would escalate this to in terms of repercussions but I suspect the most effective way to deal with this is to draw attention to this on social media, and the best place is probably a local Facebook group such as "Spotted in Happyville" or "Ask Pleasanttown" etc.

justworriedabit

MrsFlahdeblah said:

Hope this is the right place for this question. I'm medically exempt from wearing a face covering. I always wear a lanyard with an exemption badge and am very careful when I'm in any shops to keep well away from people. Yesterday I visited a local garden centre/hardwear store. I haven't been there since before the 1st lock down as I did not consider anything I needed as essential. However I did need to get an item for work from them. I was in the outside part of the store when their member of staff told me their company policy was no exemptions and he could offer me a visor or mask
I showed him my already visible lanyard and explained I'm exempt by law. He said I must wear mask or visor in store. I again told him he could not tell me I was not exempt so he asked me to leave. 
So I've emailed a letter, telling the store my complaint is not with the staff member and how the store is one of my favourites but they cannot refuse exempt customers from shopping there. I attached information on this from the disability discrimination website too. 
If they do not reply or if they do not accept they cannot hold the policy they have, who do I escalate my claim to? My intention is not to cause huge fuss in already difficult times, but they cannot and should not try to remove someones rights by law. I wonder how many have been turned away? 
Thank you if you can point me in the right direction. 

Hey OP
It is a private company and every company many around where I live have a no mask no
 entry sign and we all appreciate that. A friend of mine can't wear a mask  at certain times depending on how she feels was in a shop a few weeks ago and had to take it off and a security guard challenged her. She wanted the situation to end quickly and showed her evidence and that was the end of that and then she put it back on before she came out as she felt a bit better but uncomfortable but understands why people need to wear one if they can.

However, the law is slightly differen t and this is explained well in the link below. 
https://www.gov.uk/government/publications/face-coverings-when-to-wear-one-and-how-to-make-your-own/face-coverings-when-to-wear-one-and-how-to-make-your-own
Read the above link and you may want to quote that in your complaint/etc

Phone the centre and ask who to complain to who the head/owner is.
I hope you get it resolved.


PS: A bit more research by me - the link below explains what to do in a situation like your.
Good luck and keep us posted.
https://www.rethink.org/advice-and-information/covid-19-support/coronavirus-do-i-have-to-wear-a-face-covering/

JamoLew

I think it is a fair comment as there are exceedingly few conditions that would exempt from a face covering AND/OR a clear visor - plus the OP specifically states exemption from face coverings only.

During the course of my job I am yet to see anyone not able to tolerate either for a short period of time (under 2 hours)

**I work in a very large and busy oncology centre, so you can envisage the general condition of some patients 

OP - maybe a general enquiry to the Manager or Regional manager. It may just be that some retraining or clarification needs to be undertaken with some staff members 

samwilki

They technically aren't allowed to refuse you access as long as you're not wearing one due to a medical exemption.  Although the only way to tackle this would be to raise a formal complaint and if not resolved you would have to take it to a court or a tribunal and sue for damages, but the court/tribunal will require proof of your medical condition from your GP.

Details for EASS who can help you further is here.
https://www.gov.uk/equality-advisory-support-service

poppy12345

Martin_the_Unjust said:

It’s their shop, it’s their rules. As far as I’m aware not being able to wear a mask or a shield is not a protected characteristic.

Just out of curiosity why can’t you wear a face shield?

It maybe "their" shop BUT it's law that those that are medically exempt do not have to wear a face covering in any shop and the shops should abide by those rules, if they don't then it's discrimination. My daughter is medically exempt and also wears a lanyard but that's our business the reasons why she is and i wouldn't be prepared to give any reasons why she is to anyone.

OP maybe head office or the manager?

Mickey666

"My intention is not to cause huge fuss in already difficult times"

In that case, why not just leave it?  The indications are that these restrictions should be lifted later this year so what are your expecting to achieve in practice?  What if the store manager claims that someone not wearing a mask drives away other customers and that he has a duty of care to his other customers and employees?

It's a difficult situation and freedoms often conflict.  My freedom to shop safely by requiring a mask wearing versus your freedom not to wear a mask for a medical reason.

It's a bit like the issue over 'jabs for jobs'.  No one is forced to have a covid jab (fair enough) but it seems reasonable for care homes not to employ anyone who has NOT had a jab, because they have a duty of care for their residents.  Is this discrimination?  I suppose it is in a way but it does seem reasonable in the same way that society 'discriminates' against someone driving a car without a driving licence.

Thus, although you are exercising your freedom to not wear a mask for whatever reason it seems reasonable that others should also exercise their own freedoms of choice by not allowing you into their premises.

JamoLew

Whilst I totally agree - the fact is that is is established in law that discrimination due to a disability is illegal.

Would be interested if this (or similar) scenario has actually been tested In court and judged

Mickey666

yksi said:

I realise you were just curious, but actually it's none of your business. People's private medical situation is PRIVATE 

It's only 'none of your business' if the person concerned decides that.  YOU cannot decide what's private for someone else.

Seems to me it's a perfectly reasonable question to ask, just as it would be perfectly reasonable to decline to answer.  It's for the person concerned to decide whether to divulge their personal details, not yours.

MattMattMattUK

poppy12345 said:

Martin_the_Unjust said:

It’s their shop, it’s their rules. As far as I’m aware not being able to wear a mask or a shield is not a protected characteristic.

Just out of curiosity why can’t you wear a face shield?

It maybe "their" shop BUT it's law that those that are medically exempt do not have to wear a face covering in any shop and the shops should abide by those rules, if they don't then it's discrimination. My daughter is medically exempt and also wears a lanyard but that's our business the reasons why she is and i wouldn't be prepared to give any reasons why she is to anyone. 

It has not yet been established if it would be discrimination, especially as there is no requirement to prove the medical issue (eg self certifying) and most of the conditions on the list as valid for exemption are in no way negatively impacted by mask wearing. With the lack of medical evidence to back up the exemptions and the self-certifying nature, as well as there having been no test cases one can not say that it would be classed as discrimination, personally I doubt it would be judged to be so in court.

When the father of one of my employees can wear a mask and he has had one lung entirely removed and severe scarring on the remaining one and the medical evidence shows no physiological impact of mask wearing on asthmatics etc. then the ground is fairly shaky to begin with. I am sure there are some with learning disabilities who would suffer mentally if forced to wear a mask, but the proportion of those who genuinely have issues is nowhere near the level of people who currently walk around without a mask on. From personal experience I would say 90% or more of the people I see in supermarkets not wearing a mask are White men in their 40s and 50s and Asian men in their 20s and 30s, I do not think I have seen one woman not wearing a mask or visor and almost no adults outside the above mentioned groups.