Supermarket refuses service without mask

[torn2020]

The supermarket in my small town has taken the decision to refuse entry to anyone without a mask, even if they're exempt/carrying a card/wearing a lanyard etc. Apparently the exemption cards "were being abused".

Judging from comments on the local Facebook group, there's overwhelming support for this.

I'm horrified/disgusted at the overt discrimination and lack of empathy. Would say I'll boycott but actually have no choice since I'm unable to wear a mask (due to PTSD from being choked and strangled as a child, for those who like to jump in and say I should just put up with it for a 5 min shop). Apparently mask exempt people "don't have the right to just go wherever they want".

AIBU at despairing at humanity just a little bit more today?

It is illegal to refuse entry/service on the basis of disability.

No it isn't. "Reasonable adjustments" includes a wide range of alternatives such as home delivery, bringing items to the door, etc. Courts look at the specific circumstances. What is "reasonable" in one scenario may not be reasonable in another. It's exactly why some shops have steps and others have a ramp - i.e. in some it is not practical or not reasonable to install a ramp. Same with face coverings - a tiny shop owner/manager who is vulnerable has greater grounds for making alternative reasonable adjustments re masks than a huge Tesco store.

@MadameBlobby

So they're complying with the law - that's a "reasonable adjustment"

No it isn’t

Please provide evidence, i.e the law and court precedent that it's not.

The reasonable adjustment already “baked in” to the masks requirement is that a person who cannot wear a mask don’t have to wear one.

Some people don’t half talk shit on here.

“Please provide evidence” - hahahaha fuck off! Who do you think you are?

I’ve explained what a reasonable adjustment is. It’s a measure that removes or reduces the impact of the person’s disability. Telling someone they can use click and collect does not do that. Allowing them into the shop without a mask does. Hence why it’s already provided for.

The problem with the mask wearing is that the vast majority of the masks worn are not worn correctly and therefore serve no purpose. The landfill ones gap all around, cloth ones get damp quickly and arent hygenic, many.people still wear over the mouth and not nose, or raise and lower them constantly. You will look like you are saving the world but in reality they are fairly useless.

LoveNote

As a retail manager I can see why they are clamping down,albeit it sounds overly harsh

Customers are now fearing a second lockdown and are DEMANDING staff address the lack of mask wearing and lack of enforcement

Really noticed it this week.“

Are you asking your staff to wear masks? Half of the staff in our supermarket have them under their chin.

The law is the Equality Act. You’re free to look it up. And the comments on an individual having to find funds to run a case and it dragging on for years equally apply to businesses, even small ones. Look at the Asher’s Bakery case for example. OK they won in the end but after years and it cost a fortune plus also time and a risk of reputational damage, whilst the claimant had a charity pick up his tab and benefited from having his issue out in the open.

I'm horrified/disgusted at the overt discrimination and lack of empathy.

I would be too, but not surprised. Did you say the baying mob whooping and cheering the pilot on that flight who told an asthmatic that if he wouldn't wear a mask he would be getting off? People are utter arses.

I am exempt. I wear a visor, which I know is pretty pointless but it's an attempt to fend off the high percentage of judgey arses who shoot you daggers in the milk aisle at Tesco or seem to think it's their job to question you on it.

That particular supermarket is running the risk of a disability discrimination prosecution and I really hope someone is brave enough to do it. Shower of absolute arses.

[quote PennyDreadfuI]@ResIpsaLoquiturInterAlia how on earth would anyone who caught Covid be able to prove they'd caught it in a particular shop anyway?![/quote]
Good point in principle but read up on cases reported in the media like the UK Asda supermarket case (amongst others) recently and various others relating to bars and restaurants.

The government will have had scientific advice on masks and weighed up whether it was worth mandating their use and how. Presumably they have decided that there is some evidence they may help but that there is scope for some limited exemptions and for this still to be an effective measure. Ultimately, when push comes to shove, the chances of an individual not only having CV but passing it on is quite low. Well over 99% of the population don’t have it just now. However if that changed and the evidence was that the risks of non mask wearing were much greater then they’d perhaps be justified in removing the exemption and perhaps implementing the food boxes etc they did for the shielded. But I guess if it was that dangerous we’d all have bigger things to worried about than the occasional non masker in Asda!

I feel for people who suddenly find their worlds shrunk and life impossible but that’s the reality for millions for people

Nobody's world has shrunk (or should have shrunk) because they can't wear a mask. Exemptions are permitted.

Lots of people who can won't wear them and the number not wearing in some areas appears to be increasing.

The ones unable to have been joined by the cannot be bothered or don't believe in the virus brigade.

"So they're complying with the law - that's a "reasonable adjustment""

In this case they are treating one group less favourably than another so you don't even have to consider reasonable adjustment. It is indirect discrimination.

The reasonable adjustment for those who cannot wear masks is that they don't have to wear masks.

I'm sure exemptions are being abused, but this isn't the answer because it's directly against the law. I'd suggest you involve the Equality and Human Rights Commisson.

[quote LoveNote]@torn2020 get yourself a sunflower land yard and just walk in with it. Ask for a duty manager if questioned. Retail workers should now be aware as the sunflower scheme is rolling out this week I believe[/quote]
The problem is this means nothing anymore, because anyone can just get one off the internet and anti-maskers are being quite vocal about getting them to bypass the rules. Once again a few arseholes ruin it for people with genuine need

@user1497207191

It is illegal to refuse entry/service on the basis of disability.

No it isn't. "Reasonable adjustments" includes a wide range of alternatives such as home delivery, bringing items to the door, etc. Courts look at the specific circumstances. What is "reasonable" in one scenario may not be reasonable in another. It's exactly why some shops have steps and others have a ramp - i.e. in some it is not practical or not reasonable to install a ramp. Same with face coverings - a tiny shop owner/manager who is vulnerable has greater grounds for making alternative reasonable adjustments re masks than a huge Tesco store.

There's no suggestion that this shop is offering anything of that nature. And how can it work if the nature of what the shop offers is that customer need to come in to see a wide range and make their own choices?

@Underhisi

"So they're complying with the law - that's a "reasonable adjustment""

In this case they are treating one group less favourably than another so you don't even have to consider reasonable adjustment. It is indirect discrimination.

Or discrimination arising from disability which to justify they’d have to show was a proportionate means of achieving a legitimate aim. I reckon they’d be up against that given the government has made the rules and provided exemptions already.

@PennyDreadfuI

The reasonable adjustment for those who cannot wear masks is that they don't have to wear masks.

Correct.

It's abuse of power. They are not medically trained and there are so many hidden disabilities.
Having to declare your private health conditions to the local shop keeper so you can get a loaf of bread just shows how crazy this world is becoming.
Masks don't reduce spread, people use their dirty coughed hands to reapply them regularly and then touch the groceries after gelling hands.

I think this is reasonable TBH. Many people (including me!) have to wear our masks with some discomfort(Recently diagnosed with Asthma) Have seen fit and well people with no lanyards and blatently ignoring the rules.Fair enough for those who are affected, but we have to think of the greater good or we will never be shot of this illness!

@RufustheSniggeringReindeer

Yanbu

There was a video with a pilot kicking someone off a plane for not wearing a mask and people were clapping and cheering

Disgusting

What I was going to say. But yes YANBU That EasyJet video was horrible.

@dottiedodah

I think this is reasonable TBH. Many people (including me!) have to wear our masks with some discomfort(Recently diagnosed with Asthma) Have seen fit and well people with no lanyards and blatently ignoring the rules.Fair enough for those who are affected, but we have to think of the greater good or we will never be shot of this illness!

How do you know they are fit and well? Not everyone can wear a lanyard and many disabilities are invisible...COPD for example.

@dottiedodah

I think this is reasonable TBH. Many people (including me!) have to wear our masks with some discomfort(Recently diagnosed with Asthma) Have seen fit and well people with no lanyards and blatently ignoring the rules.Fair enough for those who are affected, but we have to think of the greater good or we will never be shot of this illness!

How to you know they're 'fit and well' from looking at them?

I have trigeminal neuralgia - you can't tell from looking at me. I also have rheumatoid arthritis and sometimes walk with a stick, which means you can see that I have mobility issues. However they don't render me exempt - my TN does.

And those who are exempt are not required to wear lanyards, which is why you've seen people without them.

@AntiHop

I physically couldn't wear one for 4 hours. I would have to forego the journey. So clearly they affect me differently to you.