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?

She was wildly wrong. The problem with Covid is it’s brought out all the idiots that think they understand how the law works.

Most people who claim they're exempt are just trying it on. Most, not all. Your business, your rules.

Let’s say you let her in the shop and she then tested positive- you aren’t forced to isolate for ten days, unless you’ve had contact. Contact is defined as being in less than 2m distance for more than 15 minutes. So no, you wouldn’t have to isolate automatically unless you’ve had that level of contact.

@JuniperBeer

Let’s say you let her in the shop and she then tested positive- you aren’t forced to isolate for ten days, unless you’ve had contact. Contact is defined as being in less than 2m distance for more than 15 minutes. So no, you wouldn’t have to isolate automatically unless you’ve had that level of contact.

That isn't true.

Contact is defined as:

anyone who has had any of the following types of contact with someone who has tested positive for COVID-19:
• face-to-face contact including being coughed on or having a face-to-face conversation within one metre
• been within one metre for one minute or longer without face-to-face contact
• been within 2 metres of someone for more than 15 minutes (either as a one-off contact, or added up together over one day)

www.gov.uk/government/publications/guidance-for-contacts-of-people-with-possible-or-confirmed-coronavirus-covid-19-infection-who-do-not-live-with-the-person/guidance-for-contacts-of-people-with-possible-or-confirmed-coronavirus-covid-19-infection-who-do-not-live-with-the-person

@2021DNA

She was wildly wrong. The problem with Covid is it’s brought out all the idiots that think they understand how the law works.

To be fair - on both sides. She certainly wasn't legally wrong. She may not have been "right" either, but there simply isn't the definitive law to be clear. Even the big supermarkets aren't willing to test the law - if people say they are exempt then they have to accept that. Until there is definitive case law, then nobody knows how a court may interpret the situation. But the law is certainly clear on one point - people have a right to be exempted from the requirement, and on that basis the law recognises that those unable to wear masks should not be excluded due to their disability. The fine art of interpreting is the purview of a court, should someone wish to prosecute a case. It is certainly not going to be concluded on Mumsnet.

Nobody should be depending on an anonymous website for legal advice. If you want opinions, that's fine. You'll get 100 opinions for every 90 posters. But they are opinions and nothing else. And every single one of them could be right, or wrong, depending on all sorts of things. If the OP (or anyone else) wants law, then they need to pay for it. Because even that won't guarantee that they are getting the right advice - there's a reason that there are at least two sides in a court case. But at least that advice comes with insurances!

I've seen signs at some shops that say something like wear a mask or you will be refused entry

Case law etc is clear that small businesses are VERY different from big ones. The fact that a supermarket must let in people not wearing masks certainly doesn't mean all businesses have to. There is lots of case law about small businesses being legally allowed to serve people through the door, i.e. people in wheelchairs or on crutches who can't climb steps or fit through narrow doorways. A big supermarket wouldn't be allowed to get away with that as they're big enough to provide wider doorways and lifts etc - the law has decided that it's not "reasonable" for smaller businesses to have to put in lifts and wide doorways, hence they can serve customers in other ways, i.e. at the door. A small business can cite all kinds of reasons why serving a maskless customer through the door is "reasonable", i.e. lack of ventilation, small size of premises making SD impossible, vulnerable owner/staff etc etc.

@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.

She didn't refuse service.

All of our village shops are running like this.

People choose not to wear masks. That's permitted. Doesn't gide you automatic right to enter any premises as right to refuse has always existed. Thank God!

I'm confused as to your reasoning. The self isolation rules don't change depending on whether or not the person who tests positive was wearing a mask or not.

@Potteringshed

I'm confused as to your reasoning. The self isolation rules don't change depending on whether or not the person who tests positive was wearing a mask or not.

Agree with this point. Masks don't affect isolation requirements.

You were right

You're being ridiculous and frankly I'm surprised this hasn't come up previously.
Wearing a mask doesn't stop you from being a close control either.

Even if you were wrong (which doesn't sound the case) the acid question really is "What they gonna do about it ?". Law or no law, it's hardly a walk in the park to start an action under the Equality Act. Or indeed any civil case.

I don’t think anyone will be able to give a definitive answer legally, but a number of smaller shops have similar set ups and have been this way for months. They presumably have risk assessed and identified this approach as a way to limit the infection risk for their staff and public via reasonable adjustment.

Hopefully very soon masks will be voluntary. Question though what would happen if one of your staff members was mask exempt.

I have not rtft just picked it up this morning so responding based on the OP. I know what she means, and if you'd have fully refused it would've been disability discrimination (if she did indeed have an actual disability causing the issue like I do), but with a reasonable adjustment is fine, I am always happy and offer to wait outside when getting a takeaway, picking up prescriptions etc.

@Liamandlee

Hopefully very soon masks will be voluntary. Question though what would happen if one of your staff members was mask exempt.

They'd be furloughed.