Does someone "mask exempt" have a legal right to enter a business mask-less?

[christyt114]

I run a small business and a lady said she is exempt so wouldn't be wearing a mask.

So I said she couldn't come in and served her outside (not medical or anything private / personal).

She was outraged and started insisting I let her onto the premises because it was illegal to treat her differently due to her disability.

My concern was that while there is the requirement to self isolate as a contact, even though I'm fully vaccinated, that if she came inside mask-less and later tested positive, myself and my staff would need to isolate. Someone needs to be physically there to stay open, so that would mean I'd have to close up for 10 days.

Was I correct or was she?

I think you were wrong
The disability discrimination act prohibits refusing service to people with disabilities and a mask exemption would indicate that DDA applies to them.

Well from a common sense point of view she was. I’m not sure from a legal standpoint. For what it’s worth I think you’re being ridiculous.

You made reasonable adjustment

Didn’t Costco do exactly what you did and it was legal? A private business has rights over who to serve and how. You didn’t deny her service just did it in a way you were comfortable with.

If she was outraged why didn’t she take her business elsewhere?

@Beeeeeeeeeeeeeep

I think you were wrong The disability discrimination act prohibits refusing service to people with disabilities and a mask exemption would indicate that DDA applies to them.

OP clearly didn’t refuse to serve her.

I think she was being ridiculous and extremely selfish and you made a reasonable adjustment and were fine.

I’d be interested to know the answer to this. I’m mask exempt and would probably have been fine with OP’s approach, as long as I could still do or get what I needed.

It would be illegal to deny service, but OP, did serve her, just in a different way. Was there anything that she could have done inside but not outside?

You are required to make a reasonable adjustment.

Offering to serve her outside, and thereby not reserving service was exactly that.

@Sirzy

You made reasonable adjustment

Yep.

If you'd refused entry and service then it likely would have been discrimination. But you served her, just didn't allow her inside.

My friend has looked into this at length as she owns a takeaway food outlet. She was informed that as long as she didn't refuse service it was fine to ask them to wait outside until the order was ready and she didn't have to allow people without masks into the shop.

It's perfectly legal providing you offer alternatives (which you did). You didn't discriminate against the disability, only against the lack of mask. As anyone can claim an exemption, it's not disability discrimination

A reasonable adjustment was made.

Legally, she was wrong.

YANBU

And there was me thinking we'd moved past the times where people thought it was acceptable people to be served in the street.

Indirect discrimination as a policy. Direct discrimination after she told you. There are also the harassment and victimisation parts of the EA to consider.

What you did wasn't a "reasonable adjustment" to enable her to access your service, you excluded her and treated her differently because she was disabled. There is a big glaring difference.

Sigh. *acceptable for disabled people to be served in the street.

I’m wheelchair user I have option of not using many shops or served from street. No ones bothered about that. I would consider it a reasonable adjustment she couldn’t use the shop the “normal way” ie same as if I have a step. You allowed her use service via the door. If you are vulnerable
Or have reasons to insist on must wear a mask I’m not sure who’s needs trump who’s.

Thank you for your opinions.

I posted in legal in the hope that someone legally trained can advise me on the legal position.

Yeah you probably have to pay for that though

The legal position is she was able to access your services because you made a reasonable adjustment.

A private business has rights over who to serve and how. You didn’t deny her service just did it in a way you were comfortable with.
^
This
YANBU

buds.org.uk/face-masks-and-coverings-in-shops-and-supermarkets/

I think this covers it. It probably is illegal to decide to 'over-enforce' the rules, but you're unlikely to be approached by anyone official regarding this incident.

Personally, I think you acted badly. When you work with the public, you protect yourself knowing that there are those unable to wear a mask. It would have been easier to let her in, keep your distance, keep your own face covering on and have a good clean around afterwards.

Legally, no idea.
In my own opinion, what you did was fine.

If the business owner has employees they also have a responsibility under HSAW act to protect them ….. so then it get really sticky. F*^ked both ways as I suspect DDA challenge would say she was at fault. But if she allowed non masked person to risk staff health then screwed that way legally instead

@christyt114

Thank you for your opinions.

I posted in legal in the hope that someone legally trained can advise me on the legal position.

I suspect that you might find that the only way of being sure of your legal position is to be sued. Not even a lawyer could tell you that you are definitely able to or not, but the consensus appears to be that you cannot safely ban anyone from a public place (which includes a shop) if they say that they are exempt from wearing a mask. Serving them on the street may not be considered a reasonable adjustment, as it could be deemed to be demeaning or humiliating someone. www.barrettandco.co.uk/2021/05/07/can-you-exclude-entry-to-someone-for-refusing-to-wear-a-face-mask/ Just because you do something differently doesn't mean it is "reasonable". I would be furious if someone told me that I wasn't allowed in their shop and had to conduct my business on a street. I am fortunate not to have to be in that position because I can wear a mask. But I am disabled, and in her shoes, yes, I would be angry and I might even take it further. You see, the problem is that you might think you are being reasonable, but almost everyone who discriminates against those of us with disabilities thinks they are being "reasonable" or "considerate" or "helpful". And sometimes it just gets to a stage where all that comes to a hill to die on, and we have had enough of being patronised or helped.

@Helenluvsrob

If the business owner has employees they also have a responsibility under HSAW act to protect them ….. so then it get really sticky. F*^ked both ways as I suspect DDA challenge would say she was at fault. But if she allowed non masked person to risk staff health then screwed that way legally instead

You're right. I've had one in person visit and one compulsory phone questionnaire from the HSE to ensure I'm keeping everyone safe.

If they'd found something untoward I'd have faced a hefty fine.

It's a fucking minefield.