Is this legal re face masks

(29 Posts)
Viviennemary Sat 19-Dec-20 15:52:03

I saw a sign in a small shop saying everyone entering the shop must wear a mask. No mask and you won't be served. Can they do this.

OP’s posts: |
Plonthy Sat 19-Dec-20 15:54:08

Yes.

So wear a mask. 🤦‍♂️🤦‍♂️🤦‍♂️🤦‍♂️

QuestionableMouse Sat 19-Dec-20 15:55:34

Yes.

Stop being a whiner and put your mask on.

It goes over your nose too.

Finfintytint Sat 19-Dec-20 15:57:39

What about exemptions due to disability?

Viviennemary Sat 19-Dec-20 15:57:49

Why I asked was because on MN I've seen lots of threads saying if you are exempt you can't be challenged.

OP’s posts: |
VanCleefArpels Sat 19-Dec-20 15:58:10

Do you question signs that say “take off your crash helmet before you enter”?

Private property, owner can deny entrance to anyone they like for any non discriminatory reason

rumerhasit Sat 19-Dec-20 16:01:02

In my place of work you cannot come in or work unless you wear a mask and have your temp taken at the door...end of!! Plenty of areas in my workplace wore masks even pre COVID so many of us are us to it. There’s one colleague who cannot go outside since Covid (due to health reasons) work have given her tasks that can be done whilst working from home!!

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Lemonpiano Sat 19-Dec-20 16:03:01

Private property, owner can deny entrance to anyone they like for any non discriminatory reason

And lack of mask wearing is a discriminatory reason against disabled people. Indirect discrimination (ie blanket policy adversely affecting disabled people) is unlawful.

DecemberSun Sat 19-Dec-20 16:06:36

I think shop owners have a right to refuse to admit anyone, don't they?

Their shop, their rules. Just wear a mask for a few minutes.

Plonthy Sat 19-Dec-20 16:08:14

Lemonpiano

*Private property, owner can deny entrance to anyone they like for any non discriminatory reason*

And lack of mask wearing is a discriminatory reason against disabled people. Indirect discrimination (ie blanket policy adversely affecting disabled people) is unlawful.

You may wish to consult this which says:

fullfact.org/online/equality-act-face-mask-discrimination/

However, a request by the owner of a business (like a shop or restaurant) to a disabled person to wear a mask is very unlikely to result in a successful civil claim for disability discrimination, as long as the business owner has followed the government guidance set out above and not singled out the disabled person for less favourable treatment than other non-disabled customers

Chloemol Sat 19-Dec-20 16:11:00

Yes,

AngeloMysterioso Sat 19-Dec-20 16:12:07

QuestionableMouse

Yes.

Stop being a whiner and put your mask on.

It goes over your nose too.

Is such a nasty response really necessary?

OP wasn’t whining, just questioning the legitimacy of this policy.

BogRollBOGOF Sat 19-Dec-20 16:12:23

DecemberSun

I think shop owners have a right to refuse to admit anyone, don't they?

Their shop, their rules. Just wear a mask for a few minutes.

A bit late by then, I'm already hyperventilating and gasping for breath. It only takes a few breaths of my own humid recycled breath to get going. Generally I wear a visor, but even then I triggered within 5 minutes spent collecting inhalers in the pharmacy. Oh the irony.

Masks must be worn = No asthmatics, no ASD, no COPD, etc. Sounds like a massive dose of discrimination to me.

mooncakes Sat 19-Dec-20 16:14:43

Asthmatics and many people with ASD can wear masks @BogRollBOGOF

Hayeahnobut Sat 19-Dec-20 16:16:57

not singled out the disabled person for less favourable treatment than other non-disabled customers

Refusing entry to a disabled person who cannot wear a mask is less favourable treatment.

Indirect discrimination is not about directly targeting a person, it's about policies that inadvertently disadvantage the disabled person.

To give a different example, a policy restricting training to part time workers would be indirect sex discrimination, as women are much more likely to be part time workers. There may be no intention to discriminate, but nonetheless the policy would be unlawful.

sneakysnoopysniper Sat 19-Dec-20 16:18:10

You can get masks made from thin material like lace which cover the face but do not restrict your breathing. Make a token gesture to the rules.

Hayeahnobut Sat 19-Dec-20 16:18:39

@mooncakes Some asthmatics and some people on the autistic spectrum can wear masks, equally some in each category cannot.

Saz12 Sat 19-Dec-20 16:20:19

A few people can’t tolerate masks, though, not because they’re precious wee snowflakes or being drama queens.

I’ve discovered the opposite: a mask has hugely helped reduce some symptoms of my medical condition. Which does make me wonder when this is over, will I get moaned at if I continue wearing one....?

Plonthy Sat 19-Dec-20 16:20:52

Refusing entry to a disabled person who cannot wear a mask is less favourable treatment

Except it ISNT.

Read the link, not just the excerpt I linked.

Hayeahnobut Sat 19-Dec-20 16:22:16

@Plonthy I'm a lawyer, I've published on disability discrimination. I don't get my knowledge from the internet!

Plonthy Sat 19-Dec-20 16:27:54

Hayeahnobut

*@Plonthy* I'm a lawyer, I've published on disability discrimination. I don't get my knowledge from the internet!

Neither do I.

I just selected a neutral source. Lawyers, by default - are paid to have a slant/bias.

lockeddownandcrazy Sat 19-Dec-20 16:40:00

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Almostslimjim Sat 19-Dec-20 18:44:15

Yes legal.

It isn't discriminatory as it applies to all not wearing a mask and whilst it's likely that will be a more likely amongst disabled people, the disability is not the reason for the exclusion.

If no one with asthma, COPD and other lung conditions could wear a mask, hospitals, care homes and domiciliary care would shut down!

nothingcanhurtmewithmyeyesshut Sat 19-Dec-20 18:50:41

I'd just ignore it if you are exempt and if challenged just tell them you are exempt. I've only had one person respond in any other way than 'okay.'

EveryPlanetHasAYorkshire Sat 19-Dec-20 19:05:06

The OP was just asking a question. Chill out.

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