Member of staff refusing to wear mask!

[Pickle2828]

Hi, long time mumsnetter but have namechanged to avoid outing.

Background... We have a small family business (a shop) which my dad runs but over the last few years he has been stepping back due to ill-health and I have (reluctantly, as this really isn't my forte) been picking up the managerial responsibilities.

We have a member of staff who has worked for us for a number of years. In her personal opinion the risk of covid is low and she is happy taking risks, she has openly said this, she does not want to comply with guidance and legislation regarding covid. Our expectations as employers have been made clear and she has signed a document which covers covid secure practices in line with government guidance and new legislation. Since the legislation changed on Thursday she will not wear her mask except when a customer walks into our shop. She has been asked by other family members to wear her mask at all times, especially when customers can see her in the shop from outside. She reluctantly complied initially but now it seems cannot be bothered and is being more defiant. This is not by any means the first time she has been defiant or disrespectful, but my dad is a big softie so this has not been addressed.

My problems is

1. It's breaking the rules

2.We have a responsibility to the general public/our customers to protect them by wearing masks and ensuring our employees do too and non compliance can result in £10,000 fine /closure 3.If she were to pick up covid we would have a much higher chance of catching it from her if she is not wearing a mask (not to mention my dad is in poor health and is clinically vulnerable)

She is not exempt and has never claimed to be.

How do I proceed?

Had she filled out a health declaration when she started? I’m not sure of the law tbh. But if she needs to and won’t, then she needs to go home.
(Unpaid)

You send her home each and every time she refuses to wear a mask.

So she either gets used to wearing one while at work, or she quits.

Is it the law?

Agreed. Send her home.

She is happy to risk you getting a 10k fine.... Pfft send her home everytime she refuses to wear one unpaid.

If she is legally required to wear one, she needs to wear one or provide proof that she is not legally required to wear one, surely? (Not an expert.) What is the government advice on this matter?

Anything in her contract about not doing anything that can result in the business being fined or adhering to laws. Maybe post in legal and see if you've got grounds to sack her?

Send her home unpaid; alternatively disciplinary process as refusing a reasonable management request.

Tell her she needs to wear one or she’ll be disciplined and that it’ll likely be gross misconduct

Stupid cow

You have clear grounds for disciplinary, at my workplace ignoring h&s after warnings is misconduct.

Surely you can suspend her?

Sit her down for a formal meeting.
Explain the rules - it is mandatory in all retail settings to wear a mask etc. Ask if she has a valid reason for not wearing a mask.
Note down everything she says just in case you need to refer to it at a later date. Perhaps type it up and send her a copy too (my manager always types a summary email of what was said in one-to-one meetings and sends it to me). Ask her if anything is incorrect in summary to respond and you will edit. Having a formal document like this will protect you should she say she was treated unfairly or anything like that.
If she is exempt there obviously isn't anything you can do about it.
If she has no exemption, and she still refuses to wear one, you will need to take action. Formal warnings, suspension, letting her go etc.

Draw up a contract saying if she's caught without it she will accept liability of your 10k fine!

If not send her home

Ring ACAS too they're good for advice

Seriously though. Is it law. How was the law passed into legislation?

Send her home unpaid. It is a legal requirement.

Our 6th formers are being sent home if they are caught in a common area for the second time not wearing a mask (unless eating and drinking obviously) and many other schools and colleges are the same. If they can do it she as an adult can do it or face the consequences.

Offer her a face visor instead of a mask, tell her it’s one or the other, her choice. Then send her home if she refuses.

You do what any manager needs to do on any situation where a staff member is not meeting expectations. You meet with them, lay out very clearly what you expect them to do/not do and what the consequences will be if they don't meet those expectations, document it in writing, and then they either comply or you progress the consequences you've set out.

In this case, I would be making it clear that I viewed it as a disciplinary matter and would respond to it as such.

If it helps, try putting it out of your mind that it's coronavirus-related and think of it as equivalent to any other thing you'd told then to do/stop doing. So, for instance, if you had a uniform but your staff member kept turning up in old t-shirts with inappropriate slogans instead, you presumably wouldn't feel weird about telling them very firmly to knock it off? And if they didn't, you'd presumably be willing to escalate your response?

Would you allow someone to smoke in the shop, take drugs, carry a knife...no different. Address the behaviour and make her aware of the process you will follow. verbal warning, written warning, dismissal

Surely is a disciplinary matter that can lead to her being sacked?

@Chocolatecake12 a visor is pointless without a mask

Do u guys have a spit guard in the shop so as it's a barrier between customer and staff. Because looking at the gov website if you have one staff dont have to have mask on. But customers have to.

@Chocolatecake12

Offer her a face visor instead of a mask, tell her it’s one or the other, her choice. Then send her home if she refuses.

A visor will not give any protection to other people. It only prevents the wearer from getting spit on their face, from others. A mask wearer protects others, by preventing particles being coughed, breathed onto other people. I’m fed up meeting people who gleefully tell me they’re wearing a visor because they don’t like the mask.

Poor woman!
Find her a job that isn't customer facing.

Some people just aren't taking Covid seriously.

Call the government help line for advice/ I'll be thinking about letting her go. You can't risk it.