Work May medically suspend me as I can’t wear a face mask

[AmmeA]

Good evening all.

I joined this forum 6 mths ago and enjoy reading your posts.

This is my first post as I need advice.

I returned to work from shielding in Sept as had annual leave.

I have been told today that I may be medically suspended as I cannot wear a face mask. I have had no risk assessment and was told I could return to work without a mask as long as I stay in my office and don’t deal with any patients. (I am an optician manager). Apparently I am now causing the company an issue as I am risking their “covid safe policy”

[AmmeA]

Any advice would be appreciated.

Thank you x

[ajay in reply to AmmeA]

I agree with sassy59, I cannot wear a mask for More than 10 minutes without breathing problems. The answer was a face shield. No problems breathing at all, easy to clean, people can see my facial expression, helps when communicating. Glasses don’t Stéam up,

[AmmeA in reply to ajay]

Hi Ajay,

Hope you are well.

In my job face shield not acceptable. We have to wear full full fluid resistant PPE.

Take care

[ajay in reply to AmmeA]

So sorry it must be very frustrating for you. I think the advice from Patsy 164 is the way to go for you.

Great you joined this group, there are so many wonderful people here, who really care and always try to help..

[sassy59]

Hi AmmeA, can you wear a clear shield/visor? That may be the solution. Xxxx

[AmmeA in reply to sassy59]

Hi Sassy59,

We can wear face shield over PPE but not a face shield on its own .

Take care

[Hidden]

The first thing they should of done is a risk assessment before they even let you back to work. Pretty sure they can't medically suspend you as that is discrimination. Their covid safe policy is part of all their risk assessments. I would go to your union if your a member or go to citizens advice.

[AmmeA in reply to Hidden]

Hi Gsp. No risk assessment at all. Was told by my RM I would be fine if I stayed in my office xxx

[HungryHufflepuff]

Have you tried a mask that ties behind the head, or has elastic that goes behind the head, rather than the kind with ear loops. Having tried a range of masks I thought I'd never find one I can wear, then by chance I tried one with 2 elastic straps that go behind the head and I can actually wear it for a while at a time. Good luck 🍀

[AmmeA in reply to HungryHufflepuff]

I will have a look into that many thanks x

[Hidden in reply to AmmeA]

Let us know how you get on. All the best AmmeA

[Patsy164]

Look at this link it may help:

gov.uk/medical-suspensions-...

Good luck not a nice situation to be in.

[AmmeA in reply to Patsy164]

Thank you. They said they may refer me to occupational health who may say I’m unfit for work but I’m not unfit for work. All was fine until today x

[Aingeful in reply to AmmeA]

My daughter was told to go on the sick by her boss. She got a note from her GP to say that she would be fit to work from home. He has had to find her work. I don't know if this would be a possibility? Contact the Union,employers have a duty of care these days!

[Troilus]

Hi AmmeA, I don’t know whet kind of masks you have tried. I have tried loads and find the two layer cotton ones are better for me. I have the beak type so they are not flat to my face. They have ear loops but they have catches that you can adjust. I also find if I wear them upside down they cover my nose and my mouth, but somehow I still feel like I am getting air.

The other thing I did, because I had so much trouble finding something to suit me, was buy some plastic vents from Amazon. They look very easy to fit, but I found I didn’t need to. I got the masks from Etsy and Amazon. ( I prefer the Etsy ones.)

Hopefully you will get your referral to occupational health and they can sort you out. You should be covered by the disabilities act, as someone has mentioned.

Mind you, the way things are I would be inclined to accept the offer of working on your own in the back office, especially as you have previously been told to shield.

[AmmeA in reply to Troilus]

Hi Troilus. I have tried a few but with severe asthma I feel like I’m constantly gasping for air. We have PPE ones in work and they are awful. Many thanks for your reply x

[hypercat54 in reply to AmmeA]

Hi I find wearing a mask difficult but find I am fine with a face shield. I am a volunteer in a charity shop and can wear the shield for hours without a problem. I have copd.

[Blackbird8]

They cant do that .

They need to do a risk assessment on you.

Please write everything down go and speak to you occupational health nurse and get advice .

Call ACAS they are amazing with help advice regarding these situations

Any meetings take a witness and hopefully somone will bullet point on paper

If you want to stay employed you need people to support and fight your corner ..

If they want you to wear a mask then they must get one that's compliant to your needs employers should provide PPE

Hope it all goes well stay safe and dont let them grind you down 💚🧡

[AmmeA in reply to Blackbird8]

Thank you so much. I’ve informed my GP and have 21 questions to ask so far x

[Lesleyr14]

Have a look at this, and contact occupational health yourself; they should be on your side, and telling your employers what they should be doing for you. alama.org.uk/covid-19-medic...

[AmmeA in reply to Lesleyr14]

Thank you so much x

[nanasharp8]

Sorry to hear that especially as when I had my eyes tested last month I found it rather strange as the optician stated with a mask then took it off ...as for ideas ,I've tried many different masks and found the bandana style is best for me as its loose around the face and I dont feel so restricted....not sure about health benefits but .....its a mask .

[AmmeA in reply to nanasharp8]

Thank you so much. X

[Izb1]

I have just bought a 3d mask support from Little Flair, it is a plastic insert that fits inside your mask and keeps you from steaming up and being too hot as well as keeping the mask away from your face, it has helped me but I dont wear a mask all day and dont think I could. Good luck x

[AmmeA in reply to Izb1]

Thank you very much I will put that to them today x

[ldwilliams]

The cannot suspend you until they make a risk assessment

From the gov

gov.uk/medical-suspensions-...

Before an employee can be suspended

Employers must review the employee’s risk assessment before suspending them.

The employee has the right to normal pay (including bonuses) for up to 26 weeks, as long as they’ve been in their job for a month or more.

Problems with suspension on medical grounds

If the issue cannot be solved informally, the employee can raise a grievance.

The employer must respond to the grievance by following their written grievance procedure.

[peege]

It would be helpful if you get all the communications in writing,I'd be using my phone for recording purposes. Good luck with it all AmmeA

[AmmeA]

Thank you so much. I’ve screenshot to send to them x

[Kristicats]

There are some really good breathable masks out now.

[friendsinhighplaces]

AmmeA,

You do not say what your condition is that prevents you from wearing a mask.

This is not necessary or relevant for me to know, except that I just have to make clear for the purposes of this reply that I will assume that your condition is a Lung Condition or other respiratory illness which will fall under the definition of a disability, with protected characteristics, thus you are a person who falls under protection of the provisions of the Equality Rights Act 2010 and all of what that means under employment law.

As a person with an illness of protected characteristics your employer is obliged to provide you with reasonable accommodations in order for you to be able to perform your role.

Where there is no possibility for you to be able to perform your role with them providing you with reasonable acco,modations for your condition to make this possible, for example, because to provide you with the reasonable accommodations would put them into conflict with another legal obligation by doing so, such as a breach of the applicable Covid Legal Regulations, then there may be an issue to be considered.

But just a breach of their Covid Safe Policy is not necessarily a good reason to avoid accomodating you and suspend you. As, potentially, if they could amend their policy to accomodate you without breaching the Covid Legal Regulation then there is a solution and thus to suspend you on Medical Grounds would be a potential Discriminatory Act by them, contrary to their obligations to you under the provisions of the Equality Act.

I would suggest that you email them, so you have a record of their reasoning, to request that they identify the following:

1. What is the reasoning they have to believe they need to suspend you medically rather than consider other options (i.e for what particular reason in relation to you and how will that reason relating to you put their continued legal compliance with relevant covid regulations at risk because their covid safe policy will be put at risk)?

2. What other options have they considered other than suspending you ? eg can they not change their policy or amend your working conditions or environment or amend your duties instead of suspending you?

3. If they are suspending you, how will they manage this? What will the financial arrangements be whilst they suspend you and how will it be reflected in your HR records?

State that you do not wish to be suspended medically for something which you believe could be worked around if you could understand their thinking/ reasoning/ perceived challenges, and you could discuss what reasonable accomodations may be possible to be identified

best of luck.

[AmmeA in reply to friendsinhighplaces]

Many thanks for such a helpful response.

I have severe asthma

Take care x