Can a UK employer force you to wear a face mask?

Question

Currently in the UK it's not mandatory to wear a mask while outside the home.

Like some of the country, our team is currently working from home but there are plans in place to require people to wear a face mask when we return to the office for a period of time.

My question is can an employer force you to wear a face mask?

I have reviewed the following online documentation but nothing is mentioned Gov.UK - Staying safe outside your home.

The employer is preparing members of staff to return to the workplace. They have clarified each of us will get 3 masks for our return. I am currently trying to determine what type these are.

If these are the disposable kind then the best case scenario is that this will cover 3 days of office work - following correct disposal guidelines: https://www.who.int/docs/default-source/epi-win/how-to-use-mask-v0-1-print.pdf?sfvrsn=64ba1493_2

If they are some other kind I will need to look into those once confirmed.

Alongside either of these we will require covered bins for potential mask disposal, hand washing facility within the office or disposable gloves - otherwise door handles may become contaminated, alcohol-based hand gel.

For now I will be advocating for working from home as we are currently doing currently rather than rushing back.

Answer 1

Short answer: yes.

Under the Health and Safety at Work Act, section 7, you must cooperate with your employer to protect yourself and others. See http://www.legislation.gov.uk/ukpga/1974/37/section/7

General duties of employees at work. It shall be the duty of every employee while at work—

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

Answer 2

No, of course they can't force you to wear a face mask.

However, as the other answers have pointed out, they absolutely have a right to require this to work at their company, and if you choose not to or even make ripples against wearing one, expect to be soon finding another job.

Answer 3

Yes, they can. And it has nothing to do with COVID-19. Your employer can make you wear whatever they consider a good fit for the job. That can be a branded shirt, or a uniform, or a special hat, or just suit and tie. They can require safety equipment even though the law says you could do without.

The only thing an employer cannot do is require clothing that violates legal safety standards (wear a branded wool cap when a hard hat is mandatory by law for example) or any of your constitutional rights (freedom of religion for example) or any of your personal safety conditions (for example, masks that hinder breathing if you have lung problems). However, please bear in mind that depending on how important this is for the job, you might not be eligible for the job and the employer might be able to let you go if you cannot perform your job function. As an example, you cannot be forced to work as a butcher for pork meat when your religion claims it's something you shall not do, or you cannot be forced to work the bar when you are an alcoholic or you cannot be forced to do heavy duty work in protective gear with a lung condition. But your employer cannot be forced to employ you in such a position either if you cannot actually do the job as requested.

It's common that the employer pays for the clothing they require. It's also common to have laws against discriminatory clothing requirements, for example if your bosses force only you to wear clowns boots all day at your office job.

But everybody wearing a facemask is something that even without the virus and it's medical implications, would be perfectly legal to require at work.

Answer 4

Yes, because their reasons for doing it are reasonable.

If you want to challenge your employers' requirement, then you need to show it is unreasonable. They will argue that it is reasonable. Which it, in fact is.

And their argument will look like this:

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A lot of people think "The mask only protects me, so I should be allowed to take my chances. I'll just take myself out of circulation if I get sick."

That is not how COVID-19 works, and is what makes it so insidious.

You are a carrier long before you feel symptoms

It is not uncommon to catch COVID-19 on day 1... have it develop enough that you are infecting other people by day 3 -- and only on day 12 does it sicken you enough for you to detect that you are sick (and self-quarantine etc). So for 9 days, you are a carrier - a "Typhoid Mary", who is not sick but spreads the sickness.

Not only that, some data suggests many people go through the catching - carrier - illness - recovery cycle without even realizing they were ever sick. A study showed 20% of New Yorkers revealed they had COVID-19 antibodies!

The pop notion, of course, is that you are not contagious until you feel seriously sick, and the logic is "therefore I'll just take myself out of circulation at that time". That was never really true, but this tactic really doesn't cut the mustard with COVID. The scientists are clear that if we used that usual tactic, COVID would tear the world apart.

And that's why all the leaders are requiring stay-at-home, social distancing and masks.

The masks serve a vital purpose other than PPE

You are used to masks being used to protect yourself. As you know, they're not that great for that. But this isn't the real value of a mask against COVID. Masks have another effect.

Masks protect other people FROM YOU.

If you are wearing a mask, and you are sick, the mask is catching and stopping virtually all your aspiration of the virus. Masks protect others from you. They're not PPE: they're mePE.

This is the effect the scientists are looking for. This is the reason for the government orders.

And the science is showing that almost any mask is highly effective in this role: the non-N95 and homemade masks all work fine.

Some N95 masks actually have a bypass valve so exhalation is not filtered. Those exhalation-valve masks do not work to protect others from the wearer. As a result they are dis-recommended.

This was only discovered in the last couple of months. COVID-19 is, after all, a novel virus - science is learning as it goes along.

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You can see where this puts the mask requirement in a whole new light. Previously, one thought, you can decline, and how dare the "nanny state" protect you from yourself, the masks are stupid and don't work... (which is itself a popular trope, see last years's series Chernobyl, where most workers mocked and discarded the sorry PPE).

But now, when we rethink the masks as a "duty to protect others from oneself"... Now, someone refusing to wear a mask is a selfish, narcissistic sociopath.

The employer not only has a right to enforce behavior that protects its other employees... but they have very good non-COVID reasons to want to exclude reckless, other-endangering sociopaths from the company.

Answer 5

The true Answer is: NO.

This section clears-up the incorrect answer by @Dan-Klasson: Health and Safety at Work Act, section 7, as his answers misinforms employees on there rights.

It reads; (Simplified) (a) Employee responsibility to himself and others,

(b) Employer duty and requirement to his Employee.

The Employer has a duty or requirement imposed to co-oprerate with Employee (him, health and safety) so far as is necessary to enable that duty (work etc.) or requirement to be performed or compiled with.

Dan-Klasson answer:

"you must cooperate with your employer to protect yourself and others." Incorrect.

http://www.legislation.gov.uk/ukpga/1974/37/section/7

General duties of employees at work. It shall be the duty of every employee while at work— (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

(b) as regards any duty or requirement imposed on his employer (Employer has a duty) or any other person by or under any of the relevant statutory provisions (regulating corporations), to co-operate with him (Employee) so far as is necessary to enable that (Employee) duty or requirement to be performed or complied with.

Answering the question "Can a Employer force you to wear a Mask (face covering)" Answer is: No.

If you have Metal (distress, anxiety) or physical Disability, Masks are not mandatory for individuals. To enforce such a thing on those individuals would go against a person’s (Natural) Right. to protect one's life, limb and body from harm, injury or loss. (Self preservation)

As various Statute and Act's, such as below, sets out provisions to protect 'Persons' (Natural) from Harm, whom have reasonable excuse, distress, or causes substantial adverse effects stated in; 
 


(Statute) The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020, Section 4. Reasonable excuse (1) (a), (i) and (ii) https://www.legislation.gov.uk/uksi/2020/791/pdfs/uksi_20200791_en.pdf

Reasonable excuse 4.—(1) For the purposes of regulation 3(1), the circumstances in which a person (“P”) has a reasonable excuse include those where— (a) P cannot put on, wear or remove a face covering— (i) because of any physical or mental illness or impairment, or disability (within the meaning of ** section 6 of the Equality Act 2010(a)**), or (ii) without severe distress; (supporting anxiety)

** (i) directs the reader to the Disability provision in the; Equality Act 2010, Section 6. Disability, (6)** https://www.legislation.gov.uk/ukpga/2010/15/section/6

(6) Schedule 1 (disability: supplementary provision) has effect.

SCHEDULE 1, Disability: supplementary provision of Section 6. 4. Substantial adverse effects. https://www.legislation.gov.uk/ukpga/2010/15/schedule/1

Substantial adverse effects 4. Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect. (supporting anxiety)

Equality Act 2010, Section 119. Remedies for non compliance of uploading and observing that right.

The only issue is dependent on how big the Corporation is and if they have provisions offering alternative work excluding a mask/face covering.