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Employees who refuse to put on masks CAN be sacked, tribunal guidelines

Employees who refuse to put on masks CAN be sacked, tribunal guidelines in one of many pandemic’s first employment disputes

  • Tribunal dominated firm bosses can sack staff for refusing to put on masks
  • Employment tribunal stated meals agency in Kent was inside its rights to dismiss driver
  • Kent Meals discovered to have acted pretty by sacking Deimantas Kubilius final June

Firm bosses can sack staff for refusing to put on a face masks, a tribunal has dominated.

An employment tribunal stated a meals agency in Kent was inside its rights to dismiss a truck driver who refused to put on a masks whereas he was making a supply to a consumer.

In one of many pandemic’s first employment disputes, Kent Meals was discovered to have acted pretty by sacking Deimantas Kubilius final June for failing to comply with guidelines set out by the consumer, Tate & Lyle.

Mr Kubilius was making a supply to Tate & Lyle, the place staff had been required to put on masks. Mr Kubilius refused, regardless of a number of requests from Tate & Lyle workers.

The tribunal heard that Mr Kubilius was prepared to put on a masks exterior his truck, however not within the cab, stating: ‘My cab is my residence.’

An employment tribunal stated a meals agency in Kent was inside its rights to dismiss a truck driver who refused to put on a masks whereas he was making a supply to a consumer (inventory picture)

However Tate & Lyle supervisor Jon Freeman was involved about droplets coming from Mr Kubilius’s mouth when he spoke to folks via the open window. One other supervisor, Nick Kirbyshire, approached Mr Kubilius to ask him to put on a masks.

Mr Kirbyshire stated in an announcement: ‘To have a customer blatantly refusing a easy request… did make me very indignant. That masks was not for his safety. That masks was to guard everybody else from potential Covid danger that the motive force has introduced in with him.’

Mr Kubilius stated in an announcement: ‘These worker’s [sic] attacked me for no purpose and… restricted my human rights.’

After Tate & Lyle banned him from its web site, he was dismissed by Kent Meals. He stated that after the incident he was ‘beneath quite a lot of stress, the place I couldn’t come again to my regular life for a while’. 

The tribunal stated the employee had solely normal fears reasonably than particular ones about how the manufacturing facility was run. Consultants stated the ruling protected bosses who needed workers again to the workplace (inventory picture)

Tribunal Decide Barrett stated it may need been extra affordable to problem Mr Kubilius with a warning, however the agency was nonetheless allowed to fireside him. 

Graham Mitchell, of Clyde & Co Solicitors, stated: ‘This determination highlights… the behaviour anticipated of staff of their relationships with prospects and suppliers.’

A separate tribunal discovered a manufacturing facility, Leeds Laser Slicing, might hearth considered one of their engineers for failing to return to work as a result of he feared catching Covid. 

The tribunal stated the employee had solely normal fears reasonably than particular ones about how the manufacturing facility was run. 

Consultants stated the ruling protected bosses who needed workers again to the workplace.


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