Furlough letter. Help!

[SongbirdsandLullabies]

I work in social care - 14 hour shifts.
I have health issues which mean I cannot wear a mask for extended periods, I do wear one while shopping but that's only for around half an hour.
I was told to wear a visor at work as they were aware of my exemption.
Yesterday I went to work and was asked to call my GP and get a formal exemption letter or a furlough letter as the visor was not acceptable.
My Dr said they don't do these and sent me a print out of my issues, saying this was all I legally needed.
Management wouldn't accept this and sent me home saying they were "disappointed with my stance" that I chose to leave.
Apparently I'm now being reported to HR and safeguarding!
Please can somebody help me with where I stand or where to get an official exemption letter?
Thanks

Sorry I'm confused.
So they said you could wear a visor then all of a sudden the visor was not acceptable?

Yes that's what they said. On Thursday the visor was fine, on Friday it wasn't.

I think the Government guidance on visors changed - they used to be acceptable instead of masks, now I believe they are in addition to masks. I remember seeing hairdressers and people commenting about it before...

But if you are exempt, you don’t need to wear a face covering, and if your employer doesn’t think you can do your job without one, they can furlough you... so they seem to be picking and choosing which bits of the guidance to follow 🤷‍♀️

They've said they can't consider furlough without a medical confirmation letter.
I know that they can, they're choosing not to.
Any advice would be massively appreciated.

They probably looked into it and realised visors are actually only to protect you from bodily fluids, eg as a midwife, I only wear one for actually delivering a baby and placenta. They are no replacement for a mask.

It will offer absolutely no protection to the vulnerable patients op is looking after or of course herself.

OP you mention furlough letter. Are you saying they are offering you furlough? That seems the obvious solution though I am not sure if you are actually entitled to it. Otherwise, they should find you a non clinical role, such as in the office or making phone calls or whatever.

You cannot work with vulnerable patients without appropriate PPE.

If you have issues that exempt you then just ask the GP for a letter that confirms your medical history. It's up to your manager/HR to put in place appropriate risk assessments and draw their conclusions.

@SongbirdsandLullabies

They've said they can't consider furlough without a medical confirmation letter. I know that they can, they're choosing not to. Any advice would be massively appreciated.

OK well who told you not to wear a mask? That person needs to put it in writing for you.

Maybe send your employer this link or print it out. Or if not in England, find the relevant equivalent info

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

If your doctor has said that legally all they need is the list they have provided of medical issues, then they appear to be illegally pushing you out. Union?

Gov.uk says

Employers can furlough employees who are clinically extremely vulnerable, at the highest risk of severe illness from coronavirus or off on long-term sick leave. It is up to employers to decide whether to furlough these employees.

I think this might mean they can insist on a gp letter. I would research this on gov.uk and citizens advice and email your employer asking to be furloughed. So you can prove things if needed. Good luck

I have the letter from gp but because it doesn't specifically say 'exempt' (the dr won't do this- apparently this puts her at risk of being called upon as an expert in both masking and my conditions) my work is disregarding it.
They say furlough is an option but they need this mythical letter before considering.
The person who told me to wear just a visor is now backtracking and claiming not to have said this 🙄 so I can't get anything in writing to confirm.

My doctor won’t give mask exemptions because he says no one in his opinion is that bad that they can’t wear a mask

I wander whether that is your gp thinking but he just won’t say?

Furlough letters come from the employer, not a doctor. They can furlough on a wide basis of circumstances, including being clinically extremely vulnerable. Would you fall into this catergory with your conditions? If so, it may be a doctor letter to that effect that they are looking for?

What are your health issues OP?

Why can’t you wear a mask - the doctor won’t say you are exempt so obviously doesn’t agree

You cannot be furloughed for health reasons presumably because you are not extremely vulnerable. That is just the law, and your employer is following the law. Here it is btw:

"You can be furloughed if you’re:

• on sick leave or self-isolating because of coronavirus, speak to your employer about whether you’re eligible to be furloughed – you should get Statutory Sick Pay (SSP) as a minimum while you are on sick leave or self-isolating where you meet the qualifying conditions, if you’re furloughed while on sick leave or self-isolating, you will no longer get SSP but should be treated as any other furloughed employee

- clinically extremely vulnerable (at the highest risk of severe illness from coronavirus) and are unable to work from home following public health guidance - unable to work (including from home) due to caring responsibilities because of coronavirus, such as caring for children at home because of closed schools and childcare facilitates or caring for a vulnerable person in the household"

So it seems you are not eligible to be furloughed for health reasons. Your employer CANNOT furlough you unless you meet one of the above conditions or if there is no actual work for you because of the pandemic.

The second SEPARATE issue is your claim/right to work without a mask. Your employer has the right to insist that all employees wear a mask under certain working conditions - healthcare would be one of them. You can ask for a copy of their policy on this. It is worth noting that they cannot discriminate against you because of your health conditions UNLESS they also cannot allow anyone for any reason to not wear a mask for health and safety reasons.

This claim seems to all hinge on this: I have health issues which mean I cannot wear a mask for extended periods,.

Your doctor apparently does not agree with this with enough certainty that he can write you an exemption note on this basis. I would say that the important word here is 'cannot' rather than 'would find it difficult or uncomfortable'. What he has done is provide a letter that lists your health conditions so that your employer can check for themselves that they are not discriminating against you as noted above.

(If you have been specifically told by a doctor that you cannot wear a mask for extended periods of time then you need to go back to THAT doctor and see if they will write you an exemption note.)

If the doctor won’t say your exempt from wearing a mask then you shouldn’t be exempt from wearing a mask.
I don’t think your employer is being unreasonable asking for formal confirmation as you’re working with vulnerable people.
If you feel you are exempt then you need to find a doctor who will put that in writing. Perhaps go private?

Yes, have you been told by your GP that you cannot wear a mask?

Visors don't offer the same level of protection.

@Heyahun

Why can’t you wear a mask - the doctor won’t say you are exempt so obviously doesn’t agree

The dr say they will not give exemption to anyone regardless of condition. It's not that they don't agree, they have agreed with me verbally but say their hands are tied. I am friends with the practice manager and she has confirmed this.

@kittykat35

What are your health issues OP?

Asthma, anxiety and heart problem

I mean I kinda get where your company are coming from - you are a huge risk to the people you are looking after by not wearing a mask unfortunately!! I wouldn’t want a person without a mask taking care of my relative exemption or not.

If your doctor has said that legally all they need is the list they have provided of medical issues, then they appear to be illegally pushing you out. Union?

Doctors are not lawyers, they don't get to decide what is acceptable evidence for the employer. I do agree that the OP should contact her union.

The employer is effectively asking for a shield letter, but these aren't issued to people for face covering exemptions. In fact the government aren't offering any means of getting formal evidence of exemption.

It's a complex question OP, there are many different approaches the employer could take. They can't furlough you if work is available, unless you can produce evidence of clinical vulnerability. If you are considered to have a disability, they have to consider whether reasonable adjustments can be made to help you in your role or another role, and possibly (but very unlikely) medical suspension until they are able to provide you with adjustments. Or they may go down the capability route, in that you are unable to fulfil your role and eventually will be dismissed.

It would be helpful to know what your condition is, and also your length of service, and if any alternative roles might be available with your employer.

@Heyahun

I mean I kinda get where your company are coming from - you are a huge risk to the people you are looking after by not wearing a mask unfortunately!! I wouldn’t want a person without a mask taking care of my relative exemption or not.

I agree. Just cause you can't appear a mask doesn't mean everyone else has to be at increased risk. Where I work no mask means you can no longer fullfill the requirements of the job.

Asthma, anxiety and heart problem

Can you explain how these conditions stop you from wearing a mask? I'm not doubting you, but you need to be able to articulate this to your employer.

What mitigating measures help, regular breaks for example?

Just cause you can't appear a mask doesn't mean everyone else has to be at increased risk. Where I work no mask means you can no longer fullfill the requirements of the job.

That would be in breach of the Equality Act, if no consideration of adjustments is made. The OP needs help with her legal rights, not what some tinpot employer might do.