43. Employee refusing mask wearing in workplace due to disability - softer approach

This Template letter can be used where employees  would prefer to tread cautiously with their employer's about their human rights.  I have been asked for a letter that is not so direct, so here is a more soft approach to writing to state you are not obliged to have to wear masks in the workplace.  Copy and paste or download putting in your details and send it to your Employer either via email or via tracked post (Costs £2.94) at the Post Office.

**Remember to include your details in the relevant (Bracket) areas to personalise it**  *Please note this letter is available in a choice of downloadable formats to include Microsoft Doc, PDF or ODT at the end of the letter.

Start to Copy & Paste letter here:

[Your name] 


Tel: [   ] 

 Email: [   ]

Dated: (Today's Date)

For the urgent attention of (Employers Name)

(Employers Address & Postcode)

Dear Employer's [names].

Re: Mandatory mask-wearing for staff

I am a [position] at [business/company name] and have been in my current position for (length of time) years. I have an excellent record of service and have always abided by health and safety regulations to ensure an optimally safe and secure work environment for myself, my colleagues, and anyone else who may visit the premises. I have been happy to do this and have recognised the necessity of the protective and precautionary regulations put in place. 

  I am however;  now deeply distressed with the current regulations regarding masks, and the pressure being exerted upon me to wear a mask for the duration of my working shift. I am writing to you because I wish to receive a formal acknowledgement that accepts my 'legal exemption' from such requirements. I have discussed my concerns, but I have been informed that my exemption is not valid at work. This is not legally correct, so I am now putting the matter in writing and taking it to other senior managers as well, as I am profoundly concerned about the impact this misinterpretation of the law is having, both on myself and other colleagues.

As someone who suffers from hidden disabilities for which I have government 'exemption' from legally wearing a mask at any time, by law, this excludes me from adhering to the new rules regarding mask-wearing. This exemption is not environment-specific; it applies everywhere. For your company to fail to acknowledge this and whereby you continue to pressurise me to wear a mask, this not only causes me immense distress but also therefore exacerbates my hidden disability - a condition that was triggered and is exacerbated by stress - but is also in direct contravention of the Equalities Act 2010, Disability Discrimination Act and UNESCO Bioethics & Human Rights 2005.

I would strongly encourage you to take legal advice on this matter, as I have done, to ensure you are completely clear on your obligations to accommodate and not discriminate against members of your staff who may be suffering from hidden disabilities. Whilst I understand that the mask regulations are very new, and as such, am sympathetic to the fact you may make unintended errors when first attempting to implement them, others may not be so patient. If a member of staff with a hidden disability is put under pressure to wear a mask or asked to elaborate on why they are not wearing one, this contravenes the law on disabilities discrimination in the workplace, and thus the staff member in question would be fully entitled to take further legal action against you, their employer, for not appropriately applying the law.

It is also my personal belief taking into account all extensive medical evidence available, that face coverings and surgical masks are not in the least effective in preventing the spread of viruses, but that they do increase the risk of several health conditions, some of them very serious. These are not health risks I wish to take, especially with my existing vulnerabilities. When I am forced to obstruct my airways with a mask, the intensity of the headaches and breathlessness increases exponentially. Further impairing my health. Therefore, if I wear a mask, I risk further undermining my health leading to increased absences from work, which may have a number of extremely undesirable professional and personal repercussions.
However, my priority and primary purpose in composing this correspondence is to receive a formal acknowledgement that there will be no further expectation of or pressure on me to wear a mask, due to my hidden disability.

I would like to further request you ensure all colleagues are aware of the law regarding hidden disabilities and the fact that hidden disability sufferers are legally exempt from mask-wearing, in order to ensure that neither I nor any other colleague is discriminated against by peers due to our mask less appearance at work.

I look forward to hearing from your reply to this message within seven working days or I will be obliged to take further legal advice.
Thank you for your time.

Yours Sincerely,

[Your name]

Downloadable formats of letter are available below these include Microsoft DOC, PDF or ODT