Face Mask Discrimination Case

First face mask discrimination case nets £7,000

on 08 December 2020

A disabled woman assisted by Kester Disability Rights has been paid £7,000 in compensation by a service provider who refused her access to a service because she was unable to wear a face mask.

The pay-out was achieved through negotiation as there was no dispute that access had been denied, or that the Claimant had a disability exemption. The only thing to be agreed was the amount of compensation, not whether it was due or not.

Refusing access to people unable to wear face coverings due to disability is direct discrimination - no different to denying access to a black or gay person for example.

Disabled people are now routinely harassed in public for not wearing face coverings - frequently given the impression that confidential medical information must be publicly disclosed to justify exemption. The fact that shops and hospitality businesses routinely display "no mask no entry" signs shows how deeply disablist attitudes are embedded in society. If premises displayed "no blacks" or "no gays" notices there would be outrage.

Fortunately the official Government position does not endorse any of this as nobody exempt from wearing a mask is expected to go around justifying themselves. Saying "I'm exempt" is enough. If the response to that can be proved to be discriminatory then compensation is due.

https://disabilityrights.org.uk/first-face-mask-discrimination-case-nets-7-000

Good to see, but that case is only the tip of the iceberg.

I was refused an xray a 5 minute walk away and referred to the local hospital instead, which is too far for me to easily get to without lots of pain (left foot disability where I can't stand for long periods), stress, high cost and constant mask wearing, (which I can't do as it steams up my glasses - tried everything except a full face shield). I was told, by a very snotty NHS employee, that all the technicians were only doing pregnancy scans at the site 5 minutes away and my only choice was to travel. I've been waiting since last year for these technicians to switch back to doing what they were originally paid to do, which was to provide xrays locally. I suspect I cracked my pelvis and I've definitely got a separated shoulder (following a fall). I'm now stuck having to explain to the JCP that I've got these issues, but I can't prove them.

Absolut wrote:Good to see, but that case is only the tip of the iceberg.

I was refused an xray a 5 minute walk away and referred to the local hospital instead, which is too far for me to easily get to without lots of pain (left foot disability where I can't stand for long periods), stress, high cost and constant mask wearing, (which I can't do as it steams up my glasses - tried everything except a full face shield). I was told, by a very snotty NHS employee, that all the technicians were only doing pregnancy scans at the site 5 minutes away and my only choice was to travel. I've been waiting since last year for these technicians to switch back to doing what they were originally paid to do, which was to provide xrays locally. I suspect I cracked my pelvis and I've definitely got a separated shoulder (following a fall). I'm now stuck having to explain to the JCP that I've got these issues, but I can't prove them.

I would suggest informing DWP of your situation and your difficulties.

Would it possible for your GP to make a referral to the hospital?

Claiming for hospital transport costs

You may be able to claim for the cost of transport to hospital through the Healthcare Travel Costs Scheme (HTCS) if you're referred for specialist NHS treatment or tests.

Read more about the Healthcare Travel Costs Scheme (HTCS), including who's eligible, what the conditions are and how to make a claim.
https://www.nhs.uk/nhs-services/hospitals/going-into-hospital/how-to-organise-transport-to-and-from-hospital/

Hope you get the help you need urgently.

FACE MASK EXEMPTIONS

When you do not need to wear a face covering.

"This includes:

- people who cannot put on, wear or remove a face covering because of a physical or mental illness or impairment, or disability

- where putting on, wearing or removing a face covering will cause you severe distress

- to avoid harm or injury, or the risk of harm or injury, to yourself or others ‒ including if it would negatively impact on your ability to exercise or participate in a strenuous activity

EXEMPTION CARDS

If you have an age, health or disability reason for not wearing a face covering:

- you do not routinely need to show any written evidence of this
- you do not need show an exemption card

This means that you do not need to seek advice or request a letter from a medical professional about your reason for not wearing a face covering.

However, some people may feel more comfortable showing something that says they do not have to wear a face covering. This could be in the form of an exemption card, badge or even a home-made sign.

Carrying an exemption card or badge is a personal choice and is not required by law.

If you wish to use an exemption card or badge, you can download exemption card templates. You can then print these yourself or show them on a mobile device. Please note that the government is not able to provide physical exemption cards or badges."

https://www.gov.uk/government/publications/face-coverings-when-to-wear-one-and-how-to-make-your-own/face-coverings-when-to-wear-one-and-how-to-make-your-own

Your rights:

If you are not wearing a mask and are asked to do so, say in a shop, simply smile and reply: "I am exempt".  Note - not "medically exempt", just "exempt".

That is all.  You do not need to expand on this (except to the police).  It may help to wear a face mask exemption lanyard or badge, but that is not necessary, as gov guidance states above.

If the person asks you a second time, that is classed as harassment and disability discrimination, a basic contravention of the Equality Act 2010.