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Is this legal re face masks

28 replies

Viviennemary · 19/12/2020 15:52

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 posts:
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Plonthy · 19/12/2020 15:54

Yes.

So wear a mask. 🤦‍♂️🤦‍♂️🤦‍♂️🤦‍♂️

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QuestionableMouse · 19/12/2020 15:55

Yes.

Stop being a whiner and put your mask on.

It goes over your nose too.

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Finfintytint · 19/12/2020 15:57

What about exemptions due to disability?

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Viviennemary · 19/12/2020 15:57

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

OP posts:
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VanCleefArpels · 19/12/2020 15:58

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

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rumerhasit · 19/12/2020 16:01

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 · 19/12/2020 16:03

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.

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DecemberSun · 19/12/2020 16:06

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.

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Plonthy · 19/12/2020 16:08

@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
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Chloemol · 19/12/2020 16:11

Yes,

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AngeloMysterioso · 19/12/2020 16:12

@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.
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BogRollBOGOF · 19/12/2020 16:12

@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.
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mooncakes · 19/12/2020 16:14

Asthmatics and many people with ASD can wear masks @BogRollBOGOF

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Hayeahnobut · 19/12/2020 16:16

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.

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sneakysnoopysniper · 19/12/2020 16:18

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.

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Hayeahnobut · 19/12/2020 16:18

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

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Saz12 · 19/12/2020 16:20

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....?

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Plonthy · 19/12/2020 16:20

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.

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Hayeahnobut · 19/12/2020 16:22

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

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Plonthy · 19/12/2020 16:27

[quote Hayeahnobut]@Plonthy I'm a lawyer, I've published on disability discrimination. I don't get my knowledge from the internet![/quote]
Neither do I.

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

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lockeddownandcrazy · 19/12/2020 16:40

This reply has been deleted

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

Almostslimjim · 19/12/2020 18:44

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!

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nothingcanhurtmewithmyeyesshut · 19/12/2020 18:50

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.'

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EveryPlanetHasAYorkshire · 19/12/2020 19:05

The OP was just asking a question. Chill out.

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80sColourfulChristmas · 19/12/2020 19:49

@lockeddownandcrazy So my 76yr old mother with cystic fibrosis and had a lung transplant a year ago who has been told she must not wear a mask, cannot leave the house anymore, is that what you're saying? Cannot go into any shop?

Don't be so closed minded and ignorant!!!!

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