We’ve been asked whether a business can refuse you entry for failing to make a face mask, and whether even being asked to wear one amounts to a breach of the Equality Act.
In short the answers are:
- A blanket policy of not allowing access without a face mask is unlawful;
Asking you to wear a face mask sensitively and being ‘mindful and respectful’ is not unlawful;
As ever, if you face issues with being refused access because you can’t wear a mask, you should collect as much information about the experience as you can. What was the name of the person you spoke with and can you prove where you were?
Legitimate claims can be made to change unlawful policies and compensation awards will depend upon the ‘injury to feelings’ embarrassment and humiliation caused by the experience.
www.frylaw.co.uk/archives/articles/face-masks-the-equality-act/
On their home page at the moment they have a downloadable guide to making a complaint, including templates for complaining about mask exemption refusal.
www.frylaw.co.uk/
I agree with you OP, this is important whether you want to visit this particular shop or not. I have completely no problem wearing a face covering for hours on end, this doesn't directly affect me at all, but I still think it's important.
Over the past year we have all had some very basic freedoms and human rights removed from us and that has for the most part been absolutely necessary. And it's not over, in fact things are really quite hairy, so we can look forward to our rights and freedoms being curtailed for many more months to come.
The least we should demand is a strong evidence base, proportionality and fairness. The Equality Act has not been suspended because of the virus. Other Acts have been suspended, including the Care Act, which has already had a devastating impact on some disabled people and carers and their ability to live safely and with dignity.
The EA is not some 'nice to have' thing for when everything's going well. The worse things get, the more discrimination becomes a problem and the more important it becomes to uphold and defend the EA.
If you want to throw disabled people under the bus over masks then be prepared to say goodbye to all your own rights too. Once the EA is declared irrelevant because of the pandemic then it's irrelevant for everyone, not just disabled people.
I hope none of you are likely to need maternity leave, childcare or even just a job in the near future.