Can face coverings be enforced as restrictions are eased?

Employers face dilemmas on the 19^th July as the final coronavirus restrictions are lifted as the government has planned. One significant dilemma is whether employees can still be requested to wear face coverings indoors once they are no longer required by law.

On 5^th July it was announced that mandatory face coverings are set to be scrapped as of 19^th July. Professor Chris Whitty offered a three part rule for continuing to wear face coverings which stated that they should still be worn, in crowded indoor spaces; when required to by an authority; or to make someone else feel comfortable. This is a very vague rule to go by and has left lots of businesses and the general public unsure.

The World Health Organization has still advised that masks should remain mandatory in certain circumstances such as when on public transport, in shops and in crowded places, however as part of the governments stage 4 on the road map, which is expected to be actioned later this month, the public will no longer be required to wear masks and instead it is suggested individuals decide for themselves when a face covering is appropriate.

For employers, the key issue will always be to protect the health and safety of staff. However, firms planning to impose masks at work after the 19^th July (if the changes go ahead) will need to have a “good reason” for the requirement. Therefore thought needs to be given to why employees would be required to wear masks in the workplace. Factors to take into account would include the views of staff and anyone else who may have access to the workplace. It is advised that employers talk to staff and discuss any issues before planning to impose face coverings in the work place.

It has been said that although businesses may not be able to impose face coverings, if employees want to continue to wear them in the office then a “reasonable employer” should support that decision. However, employers will need to continue carrying out covid-secure risk assessments and supporting employees who do wish to continue to wear a face covering.

It has also been stated that whilst employers may be able to leave some matters to individual employees’ discretion, they may still want to consider enforcing some protective measures such as ventilation and masks for staff working in crowded places.

Overall, employers should consider their position carefully, balancing business needs with employee safety and wellbeing. Whatever their decision ends up being, they should be able to clearly explain how this decision has been reached, showing that they are keeping the safety of their staff at the forefront of their minds.