Employers can insist on mask wearing, say lawyers

Although mask-wearing is no longer legally required, both employers and staff should use common sense and adopt a proportionate approach where needed, according to a West Midlands law firm.

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The advice from Thursfields Solicitors come as several workplace rows have broken out across England in the wake of the Government’s lifting of restrictions on Monday.

These have ranged from some manual workers claiming masks are difficult to wear during the intensive heatwave, to others insisting that they can no longer be forced to wear masks at any time.

Helena Morrissey, director and head of the employment law department at Thursfields, which has offices in Halesowen and Kidderminster, explained she had received several queries from clients who had employees refusing to wear masks, in some cases a position not supported by any medical evidence.

She said: “In these cases, they are now considering dismissal for employees’ unreasonable refusal to wear masks in crowded places.

“The point is, although they are no longer a legal requirement, the Government expects us, both as employer and employees, to use common sense and adopt a proportionate approach.