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My employer can't mandate masks outside of work, right?

124 replies

MyBraIsOnFire · 29/09/2021 12:34

My employer (a university) has a mask mandate - we must wear masks in the vast majority of circumstances at work.

I abide by this.

Today I was in Tesco which is not on campus without a mask. I saw my line manager but we didn't stop to speak (heading in different directions, some distance from each other).

Then I had received an email booking in a meeting to chat about my not wearing a mask in Tesco.

The email basically said that staff are 'expected and encouraged' to wear masks in enclosed spaces such as shops. That we should model good behaviour to show our care for the local community and to encourage our students to also wear masks which in turn shows their care for the local community and each other.

I'm really pissed off but before the meeting, I want to check that my employ can't mandate mask-wearing by staff outside of work, right?

OP posts:
EL8888 · 29/09/2021 12:35

No. They might want to think they can but no

TaraR2020 · 29/09/2021 12:35

I would decline the meeting

Heavymetaldetector · 29/09/2021 12:36

No they certainly cannot. Utterly ridiculous

MyBraIsOnFire · 29/09/2021 12:44

Thank you!

I thought not, but then I worried that I'd head in there all defiant and she'd hit me with some deep-hidden policy or clause Grin

I would love to decline the meeting but that's a very hostile response and wouldn't really fly.

Nope, I'll go along and be polite but defiant.

OP posts:
Sprostongreen21 · 29/09/2021 12:46

I know teachers, care workers and nhs staff that don’t wear masks out of work.

ememem84 · 29/09/2021 12:48

Nope. Don’t think they can. Maybe if you’re on a work errand but aside from that:..nope.

astoundedgoat · 29/09/2021 12:48

Yikes. I'm pro mask but that is wildly overstepping the mark.

Are you in a union? I'd almost be inclined to make a quick contact there just to have someone else in your corner so that you don't get tangled at the meeting.

MyBraIsOnFire · 29/09/2021 13:02

No, I'm not in a union. I don't think the union would be particularly helpful in this case as they are fervently pro-mask so I suspect wouldn't see any issue with my line manager's behaviour here.

But I do understand what you mean about getting tangled. I'll do my best Grin

OP posts:
JacquelineCarlyle · 29/09/2021 13:03

Way overstepping Op - where you wearing your Unj ID badge (or identifiable as one of their employees)? That's possibly the only way they could state you're in the wrong if they're openly advertising to the community that all staff / students are wearing masks at all time and it's something you've actively signed up to.

If not, I'd decline the meeting - tell them you don't feel the need to meet to discuss your personal time.

NoBetterthanSheShouldBe · 29/09/2021 13:06

If you are in uniform or wearing your ID they may have an argument that you’re damaging their image, but it’s unlikely they’d be able to do much about you not wearing a mask.

MyBraIsOnFire · 29/09/2021 13:07

No I wasn't wearing an ID badge so I wouldn't be identifiable as a university staff member.

They university isn't saying that all staff wear masks at all times. It's saying that staff/students have to wear masks the majority of the time on campus and in university buildings.

But I think they are hoping (hence, expecting and encouraging) that staff will also wear masks in local shops etc. so that the local community can't have a pop at the university for its staff/students' risky behaviour.

OP posts:
Skyla2005 · 29/09/2021 13:07

That's ridiculous

PineappleWilson · 29/09/2021 13:08

I'd agree with @JacquelineCarlyle, if you're wearing branded clothing or a lanyard, so can be visibly identified as their employee, or if you were in work time (buying a box of biscuits for a meeting etc.) then possibly, but no way if you were outside of work hours or in an unpaid lunchbreak, and not identifiable as an employee. Out of interest, was the manager wearing a mask?

Viviennemary · 29/09/2021 13:09

Decline the meeting and report msnager to HR for intimidation. And consult your union.

PineappleWilson · 29/09/2021 13:10

Just to say that I work at a university which also encourages mask wearing. Staff where I work do wear them in staffed hours, but we would have no authority and frankly have better things to do about what people do re: masks in their own time e.g. on public transport going home.

Shehasadiamondinthesky · 29/09/2021 13:10

Employers would like to think they can manage every aspect of your life but actually no they can't.

Mybalconyiscracking · 29/09/2021 13:12

I would talk to your HR department before the meeting. See what they make of this.

Geamhradh · 29/09/2021 13:12

Unbelievable.
Of course they can't do that.

MyBraIsOnFire · 29/09/2021 13:13

My line manager was wearing a mask, yes.

Even if I was identifiable as a university employee, surely I couldn't get into trouble for not wearing a mask? I wasn't doing anything illegal or dodgy or that would bring the university into disrepute Confused

It was in work hours that this happened but I'd argue I was taking my lunch break.

OP posts:
BoomChicka · 29/09/2021 13:14

Ffs your employer has gone mad. Stand your ground OP!

SinoohXaenaHide · 29/09/2021 13:19

If you were in tesco near to canpus during or just before/after office hours and if you were eg wearing a university staff lanyard that made you identifiable as university personnel then they do have some say - even if you are on a break or on your way into or home from work you would still be "bringing the university into disrepute" if you were to do something actively antisocial or illegal. Whilst failing to wear a mask doesn't quite come into that category, it's at one end of a spectrum that very definitely would end up being a disciplinary matter for more serious breaches of expected conduct. So in those circumstances I think you need to abide by your employer's policy whenever you are identifiable as part of the university.

If the tesco was well away from campus and no one would have known you were university personnel unless they knew you personally, then it is none of his business.

MyBraIsOnFire · 29/09/2021 13:23

@SinoohXaenaHide

If you were in tesco near to canpus during or just before/after office hours and if you were eg wearing a university staff lanyard that made you identifiable as university personnel then they do have some say - even if you are on a break or on your way into or home from work you would still be "bringing the university into disrepute" if you were to do something actively antisocial or illegal. Whilst failing to wear a mask doesn't quite come into that category, it's at one end of a spectrum that very definitely would end up being a disciplinary matter for more serious breaches of expected conduct. So in those circumstances I think you need to abide by your employer's policy whenever you are identifiable as part of the university.

If the tesco was well away from campus and no one would have known you were university personnel unless they knew you personally, then it is none of his business.

That's interesting, thanks.

I wasn't wearing an ID badge so wouldn't definitely be identifiable as a university staff member. But the Tesco is pretty close to the university and during term time is full of students and staff. So someone could have a pretty accurate guess at who's staff and students, and who's not.

OP posts:
thinkbiglittleone · 29/09/2021 13:23

Were you being paid by them at the time ?

Do you wear a uniform that identifies or affiliates you with the uni ?

They can not dictate what you do when you on your own time. It will be interesting to see how she wants to play this

LaBellina · 29/09/2021 13:24

Your employer sounds like they could well run their office in North Korea.
Same mentality.
I would decline the meeting. Or go there, look them in the eyes and say “I don’t owe you SHIT” but that’s probably not a wise idea. I would applaud you for it though because by the sound of it someone really needs to tell them this. Utter madness and massively overstepping the mark.

Mummyoflittledragon · 29/09/2021 13:27

@SinoohXaenaHide

If you were in tesco near to canpus during or just before/after office hours and if you were eg wearing a university staff lanyard that made you identifiable as university personnel then they do have some say - even if you are on a break or on your way into or home from work you would still be "bringing the university into disrepute" if you were to do something actively antisocial or illegal. Whilst failing to wear a mask doesn't quite come into that category, it's at one end of a spectrum that very definitely would end up being a disciplinary matter for more serious breaches of expected conduct. So in those circumstances I think you need to abide by your employer's policy whenever you are identifiable as part of the university.

If the tesco was well away from campus and no one would have known you were university personnel unless they knew you personally, then it is none of his business.

If this is true, you could just have forgotten to put your mask on. Easily done.
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