Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

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:
Original poster
MyBraIsOnFire · 29/09/2021 14:24

@ADreadedSunnyDay

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

Oh that's much better, thank you!
OP posts:
ADreadedSunnyDay · 29/09/2021 14:24

You shouldn't really have to justify your personal choices to your manager out of work, bringing the university into disrepute is a completely different thing ...

BaconMassive · 29/09/2021 14:26

Your line manager is petty, by the way.

Just say that unfortunately your mask perished/broke/whatever so you went to Tesco to purchase a new one.

Noshowlomo · 29/09/2021 14:26

What a @ADreadedSunnyDay said.. that is perfect.
God I love Mumsnet and the way everyone comes together to help with things like this. Certainly helped me a few times!!

theshadeofgreen · 29/09/2021 14:26

Keep us posted, OP. Good luck!

LookItsMeAgain · 29/09/2021 14:27

Can I ask - is the supermarket you were in, asking it's patrons to wear a mask while shopping and you didn't?

ADreadedSunnyDay · 29/09/2021 14:28

Sadly I have a lot of previous experience with various managers who had form for overstepping their boundaries. Be polite OP, stick to the line, and don't get drawn into a discussion about 'why they think it is a good thing for you to wear a mask'.

Ugzbugz · 29/09/2021 14:31

Does he also expect you not to go to bust pubs or clubs etc, concerts, festivals etc?

I would say no to.

GreatPotato · 29/09/2021 14:31

I don't think it's wrong of them to remind you that it is still advised to wear a mask in all confined spaces, but they can't enforce it, no.

Original poster
MyBraIsOnFire · 29/09/2021 14:31

@LookItsMeAgain

Can I ask - is the supermarket you were in, asking it's patrons to wear a mask while shopping and you didn't?
No, no signs anywhere asking for people to wear masks.
OP posts:
UsedUpUsername · 29/09/2021 14:35

@GreatPotato

I don't think it's wrong of them to remind you that it is still advised to wear a mask in all confined spaces, but they can't enforce it, no.
Obviously she has considered it and made the decision not too. Very patronising behaviour honestly
GrandmaSteglitszch · 29/09/2021 14:35

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.

A manager's idea of a "chat" might be something that ends with a warning. The OP can't know what is intended so should be prepared.

As I understand it, though, a warning is not valid if the employee was not given the opportunity to be accompanied.

UsedUpUsername · 29/09/2021 14:37

To clarify, patronising to think she needs a reminder to wear a mask

Lightswitch123 · 29/09/2021 14:39

Nothing to do with them what you do in your free time as long as you're not in uniform or breaking the law etc .

godmum56 · 29/09/2021 14:46

@MyBraIsOnFire

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.

NHS rules ....I know them because I was working when the smoking rules came in. if you were identifiable as a staff member (uniform or badge) then yes they can mandate in or out of work hours. Is your lunchbreak paid or unpaid? If you are paid its working hours and yes they can mandate although if its not in the written rules it sounds like they haven't actually mandated. I would suggest that you don't go in all guns blazing but ask him for the basis for his issue.
earthyfire · 29/09/2021 14:48

I would go to the meeting. I wouldn't be explaining my reasons about why I wasn't wearing mask, I wouldn't make up excuses that's I'd lost my mask. I would just tell them straight, I chose not to wear a mask end of.

KleineDracheKokosnuss · 29/09/2021 15:10

Ideal response is that you decline the meeting with the comment “mask wearing in a supermarket is a matter of personal choice. You do not get to control what I do outside of work.”

If you are going to go, do not apologise (resist all conditioning in that regard) and tell them clearly that they are overstepping in a major and unacceptable way. Also, bring out your phone to record the conversation and refuse to have it if not recorded.

TowelStripes · 29/09/2021 15:13

@Viviennemary

Decline the meeting and report msnager to HR for intimidation. And consult your union.
Definitely don't bloody do this 🤣
Crumpetsandhoney · 29/09/2021 15:36

It depends on your contract - it is quite normal to have clauses about out of work behaviour affecting work, whether it would stand up at an employment tribunual is another thing.

Have you been given a formal policy or training that would mean it is reasonable to expect you should know they require staff to do this?

Are they saying that you will be subject to disciplinary procedures if you don't wear a mask?

deeni · 29/09/2021 15:47

That doesn't sound right OP! My husband works for one so I'm just placemarking out of curiosity.

Original poster
MyBraIsOnFire · 29/09/2021 16:06

@Crumpetsandhoney

Our policy says we can be disciplined for misconduct or immediately sacked for gross misconduct.

The only thing I can find related to misconduct would be: 'failure to comply with any other University policy' (i.e. the mask policy) but the mask policy only covers university property.

In gross misconduct, there is: 'bringing the University into serious disrepute' and 'serious breach of health and safety rules' (i.e. mask policy which comes under H&S) but again the mask policy only covers university property.

So, I can't see anything in policy which they could get me on.

OP posts:
TowelStripes · 29/09/2021 16:15

Talk of disciplinary processes is premature. Go and hear what they have to say. The meeting is clearly not a formal disciplinary meeting as you haven't even been told what the allegation is!

Mrgrinch · 29/09/2021 16:17

What a sad life your lime manager must lead, seriously.

FinallyFluid · 29/09/2021 16:17

Blatant place marking, I am boggled.

ApolloandDaphne · 29/09/2021 16:23

Seems odd to pull you up on this. If the supermarket is not on university grounds then they cannot enforce mask wearing.

Swipe left for the next trending thread