Page 2 | My employer can't mandate masks outside of work, right?

MyBraIsOnFire · 2021-09-29T11:34:22+00:00

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?

knittingaddict · 29/09/2021 13:27

I am very pro mask and still wear one in shops, but your employer is being ridiculous and overstepping their authority.

Original poster

MyBraIsOnFire · 29/09/2021 13:31

We don't really have set lunchtimes or breaks so there are no set times at which we're not being paid during the work day if you see what I mean.

I mean, we do technically get a half hour lunch break each day so I guess I could claim I was taking my lunchbreak then.

But I doubt she will want to get into the minutiae of paid/unpaid time given that we all work many hours for which we are not paid.

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JacquelineCarlyle · 29/09/2021 13:36

Decline the meeting - state that what you do in your personal time is personal and you won't be discussing it with anyone.

Claudia84 · 29/09/2021 13:47

I honestly think you should decline the meeting and email why. Universities are supposed to be places of independent thought (or they used to be!) and your line manager shouldn’t get away with this kind of behaviour.

GrandmaSteglitszch · 29/09/2021 13:47

Does your workplace have a policy that you can take another colleague with you, if you don't have a union rep?
That's been the case in places I've worked but I don't know if it's the same everywhere.
The other person doesn't take part in the meeting but is there as moral support for you and witness that there is no intimidation or suchlike.

Original poster

MyBraIsOnFire · 29/09/2021 13:52

I don't know if I'm allowed to take someone in with me. I planned to record the meeting either way.

I'm a bit unsure about declining, that's super hostile. It was sent as a calendar invite with some text attached if you see what I mean.

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leakymcleakleak · 29/09/2021 13:58

OP I'd be sending a follow up email asking if she can point you to the HR policy that covers your behaviour outside of work so you can familiarise yourself with it before the meeting, and asking if HR will be involved.

If the answer if that HR will be, then you ask about bringing someone. There is no way they can police this but I really would recommend joining a union for moments like this. I am v v pro-mask, but if there is no legal requirement to wear one in the shop you were in there's nothing they can do.

JacquelineCarlyle · 29/09/2021 13:59

In that case, Can you decline under the pre-text of it not being a suitable time? Put a fake meeting in your calendar if necessary (or block your whole calendar out so that you always look busy). Just keep declining stating you're not available!

titchy · 29/09/2021 14:01

@leakymcleakleak

OP I'd be sending a follow up email asking if she can point you to the HR policy that covers your behaviour outside of work so you can familiarise yourself with it before the meeting, and asking if HR will be involved.

If the answer if that HR will be, then you ask about bringing someone. There is no way they can police this but I really would recommend joining a union for moments like this. I am v v pro-mask, but if there is no legal requirement to wear one in the shop you were in there's nothing they can do.

Good strategy.

RestingPandaFace · 29/09/2021 14:07

@MyBraIsOnFire

I don't know if I'm allowed to take someone in with me. I planned to record the meeting either way.

I'm a bit unsure about declining, that's super hostile. It was sent as a calendar invite with some text attached if you see what I mean.

I agree that it’s quite hostile to just decline, but I would send a cheery email saying that you’ve looked at policies and your contract and you can’t find a reference to mask wearing outside of working hours and premises and would she be able to send you a link to the relevant info please so that you can read through it before the meeting.

RestingPandaFace · 29/09/2021 14:08

Oops cross post!

Shiloh139 · 29/09/2021 14:09

Definitely do what leakymcleakleak and RestingPandaFace suggest. Very good approach. Let us know how things develop.

Original poster

MyBraIsOnFire · 29/09/2021 14:10

@leakymcleakleak

OP I'd be sending a follow up email asking if she can point you to the HR policy that covers your behaviour outside of work so you can familiarise yourself with it before the meeting, and asking if HR will be involved.

If the answer if that HR will be, then you ask about bringing someone. There is no way they can police this but I really would recommend joining a union for moments like this. I am v v pro-mask, but if there is no legal requirement to wear one in the shop you were in there's nothing they can do.

That's a really good strategy, thank you.

I have drafted this, does it sound okay:

Dear [name],

I'm emailing about the calendar invite you sent over earlier today to meet Friday. So I'm prepared for our chat about my not wearing a mask, I wonder if you could please link me to the University Policy which covers my behaviour, specifically mask wearing, outside of work, please?

Can I also please check whether HR will be involved/present on Friday?

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Sarah2384 · 29/09/2021 14:12

They can't. But why not just follow the guidance if it all helps keep your workplace (and home) healthy?

StarryStarrySocks · 29/09/2021 14:13

I'm assuming this university is in England?

Claudia84 · 29/09/2021 14:13

Good strategy!

Journeyofthedragons · 29/09/2021 14:14

@Sarah2384

They can't. But why not just follow the guidance if it all helps keep your workplace (and home) healthy?

Not really the point here.

CorrBlimeyGG · 29/09/2021 14:19

It's a chat, not a disciplinary. HR do not need to be involved in a chat, nor do you have a right to be accompanied. Go to the meeting, explain you don't wish to wear a mask out of work.

You're making this into far more of an issue than it needs to be.

For the future, join a union.

Original poster

MyBraIsOnFire · 29/09/2021 14:19

Yes it's a university in England. Sorry, I should've made that clear.

I don't really want to get into a mask debate. My question is really about the extent of my employer's powers to mandate my behaviour outside of work, not about the rights/wrongs/pros/cons of masks.

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Fordian · 29/09/2021 14:20

Gosh, this sounds horribly American where it appears employers can ban you from drinking any alcohol for example, at any time.

Original poster

MyBraIsOnFire · 29/09/2021 14:20

Someone upthread mentioned universities as sites of critical discussion and inquiry.... Absolutely nope, nope, nope. No criticality, debate, discussion at all. It's really quite depressing to be honest.

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Fordian · 29/09/2021 14:22

@MyBraIsOnFire

Yes it's a university in England. Sorry, I should've made that clear.

I don't really want to get into a mask debate. My question is really about the extent of my employer's powers to mandate my behaviour outside of work, not about the rights/wrongs/pros/cons of masks.

This is a point of principle. I don't think you're making a big deal about it at all; and it has been my experience that those who allow themselves to be intimidated by not politely but firmly standing their ground tend to be those who go on getting intimidated.

ADreadedSunnyDay · 29/09/2021 14:22

Hi OP

I would make your email a bit stronger and put the ball back in their court ...

Dear x

I'm a little unclear why we are meeting on Friday. Could you provide some clarification about the purpose of the meeting and who will be in attendance? Also could you send me a copy of any university policy which relates to staff behaviour outside of work/ working hours and relates to mandatory mask wearing as I don't appear to have seen this.

Many thanks

Hopefully this will make them back off / cancel the meeting

Dobbyhasnomaster · 29/09/2021 14:22

I would send your email OP and put them under some pressure. How utterly ridiculous!

Original poster

MyBraIsOnFire · 29/09/2021 14:23

@CorrBlimeyGG

It's a chat, not a disciplinary. HR do not need to be involved in a chat, nor do you have a right to be accompanied. Go to the meeting, explain you don't wish to wear a mask out of work.

You're making this into far more of an issue than it needs to be.

For the future, join a union.

I was in the union until a few years ago. I left because they refused to support me when I had a spurious and baseless complaint made about me.

So I left. The union is dogmatic and I don't agree with most of their dogma so I don't see that I would ever really get support.

I'm not making it into something - I wanted to check that I was on the right lines that my employer had to say over my out-of-work behaviour. I'm just answering other poster's questions.

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