https://www.wearebarnsley.com/news/...lers-will-enforce-face-coverings-in-its-store BOSSES at a Dodworth-based wholesale store have said they will refuse service to anyone not wearing a face mask even if they are exempt under the government guidelines. Surely this is in violation of the disability discrimination act?
Anyone exempt must wear a visor which is less restrictive than a mask. They released a statement on their Facebook page saying that all lot of their customers are vulnerable/elderly and want to protect all customers
To be fair there are government guidelines that state some people are exempt legally from being forced to wear one but is there actually any disability that prevents someone from wearing a mask or a visor? exemptions from an incompetent government aren't the same thing as being unable to due to disability.
Yes they're reasons that boris says he won't make it mandatory to do so but that's not the same thing as being unable to. It is mandatory for women to cover their breasts in shops (at least I think it is) but men are exempt from that rule. Doesn't mean a shop has to serve topless men though. Poor analogy but best I could think of.
Downs Syndrome, Autism, ADHD, Aspergers are all classed as disabilities. Youve also got the mental health aspects. Anxiety, panic attacks, Claustophobia, sensory over load.
Sad to say I didn't even think of the 'hidden disabilities'. How do they work in reality though in regards law? If an autistic person can't shop in Tesco because of the lights they use is that a breach of the law? Genuine question.
Some stores and cinemas etc do have special "quiet" sessions. I think the trouble this shop will have is that masks arent mandatory by law, therefore discrimination if you dont allow everyone in.
But again that depends on if a lawyer could argue a disabled person is unable to wear a mask rather than Boris simply saying they don't have to by law. People are turned away from shops every day for what they are and aren't wearing despite it being perfectly legal for them to shop as they were dressed. Wasn't it Tesco that banned anyone shopping in their pyjamas? It isn't mandatory to wear 'day' clothing but they aren't discriminating against you if they kick you out for wearing night clothing. If a lawyer could prove that someone with a certain disability is unable to wear a mask rather than simply choosing not to because Boris hasn't told them they have to that's a different thing of course.
It's a difficult situation and some disabilities of that nature will be severe enough that it prevents the person from going into certain places. I think the thing here is reasonable measures to allow inclusivity. One retailer taking a stance like this is not really a big thing. But if it spread then it could cut a lot of people off. I'm certain it's a reaction to people flouting the rules. It was on my mind because we are looking at secondary schools for my son. I know for a fact if he had to wear a mask at any point in the school day he wouldn't be going to school. Now we seem to give more latitude to Children in general but disabled children become disabled adults. For may of whom just going to the shops is big task. I may be getting off the topic as I write this but i would ask anyone seeing people in shops without gave coverings not to jump to conclusions.
Under the Equalities Act you have no legal obligation to divulge your disability regardless of who asks. And that includes the Dibble. Would KDA's actions be in breach of the Equalities? Potentially yes. Treating someone with a protected characteristic less favourably would be the argument. Making someone who is exempt from wearing a face covering wear a face shield to which is not required by law.
My grandson is Autistic no one as told the family he is exempt, we just take it he is, this lad is 22 years old 6foot 4 tall and weighs in at 16 stone he can not talk and as the brain of a baby we have tried to put a face mask and visor on him but he just rips it off he as no idea what this pandemic is. That must be one disability that prevents someone from wearing one.
To be fair if I had one of the conditions that are exempt and couldn't get anyone to go to the shop for me I would wear the mask for my own good. It's weird that the people most at risk from Covid are most of the people who don't have to wear one.
Some of the disabilities that would prevent people wearing a mask are in no way linked to physical health and as such many of these people won't be higher risk for respiratory infections. They will however be denied access to shops if they are put in a postion to choose. You are making a wide ranging assumption that it's a choice for everyone. It isn't.
I got diagnosed with a 23% hearing loss in both ears some years ago .....when I got tested I was informed I was subconsciously lip reading most of the time to make up for my deafness which I didn't realise at the time... Whilst I do have hearing aids and wear them it's become more noticable that I struggle to hear ....due to the masks stopping me from lip reading .......its a nightmare.... Folk think Im being awkward when I keep having to say pardon....sorry I didn't catch that ..can you repeat .. Anybody wearing hearing aids will tell you they amplify all the background noise too so this can drown out the muffled voices that come from behind the masks ....it can be not only frustrating but its embarrassing at times too
Me too. I’ve just stopped trying. I didn’t realise how much my hearing was supplemented by facial expressions and lip movement.