Your name

Your address

Managers Name

Firms name

Firms address

Date

Dear

Re:   Face coverings at work

I am writing to you about your request for me as one of your employees to wear a face covering at work.

I am sure you are aware that wearing a face covering at work is not a legal requirement, except in relation to a designated business within statutory rules.  However, in case you are not so aware, I have listed the businesses below which are covered by the statutory rules. I note that your business does not fall within the same.

In England, employees in the following sectors must wear a face covering:

  • shops
  • supermarkets
  • bars
  • pubs
  • restaurants
  • cafes
  • banks
  • estate agents
  • post offices
  • public areas of hotels and hostels

Given the above, your request for me to wear a face mask is a request only and cannot be mandated to all employees. Further, your request of me to wear a face covering at work is unrelated to my duties, and this means that you can only enforce the same if the obligation is on a contractual footing. 

My contract does not state that I must wear a face covering. As my contract with you is a legal agreement between us, its terms cannot lawfully be changed by you without agreement from me as the employee, (either individually or through a recognised trade union), and in any event you must not breach equality laws when changing contract terms.

Given that my contract has not been changed, and I have not agreed to a change, your request of me to wear a face covering is just that. I am therefore at liberty to refuse your request and wish to give you notice that I do so.

In addition to the above, I wish to put you on notice that I am unable to wear a face covering as I have a hidden disability. Therefore, attempting to force me to wear a face covering at work is unlawfully discriminating against me, as I have a legitimate reason for not wearing one

Please find attached to this letter a notice regarding my hidden disability and a request that reasonable adjustments should be made for me at work as per s20 of The Equality Act 2010.

By law, you as my employer must consider making reasonable adjustments when:

  • you know, or could be expected to know, an employee or job applicant has a disability
  • an employee or job applicant with a disability asks for adjustments
  • an employee with a disability is having difficulty with any part of their job
  • an employee’s absence record, sickness record or delay in returning to work is because of or linked to their disability

Failure to make reasonable adjustments is a breach of s20 of The Equality Act for which you could be liable.

I look forward to your confirmation that you accept my position and trust I will not be challenged when I arrive at work without a face covering. However, if you do wish to discuss any aspect of this letter, I am happy to attend a meeting befriended, at a mutually convenient date and time to be agreed between us.

Yours sincerely,

Your name

Your address

Managers Name

Firms name

Firms address

Date

NOTICE OF DISCLOSURE OF HIDDEN DISABILITY FOR [YOUR NAME]

*********************************************************************************************************

Please take this notice as confirmation that I am disclosing to you my hidden disability of [state here your hidden disability], which prevents me from wearing a face covering in any setting, including at work.

Given my disclosure above I now request you as my employer make reasonable adjustments for me at work as per s20 of The Equality Act 2010, so that I can continue to carry out my employment without wearing a face covering.

Failure to make reasonable adjustments is a breach of s20 of The Equality Act for which you could be liable.

This notice has been sent in duplicate. Please sign and return to me one copy of the same to acknowledge your receipt.

Yours sincerely,