Advice on wearing masks at work
Q. I have mental health problems which means I cannot wear a face mask.
I work in an office but other staff in the office have complained about me not wearing one. As result of this my company have asked me to work from home but I am not happy with this. Do I have any rights?
A. The Scottish Government states that there is no requirement for the general public to prove that they are exempt from wearing a face covering in the regulated spaces, such as through a medical note or other documentation.
In regards to staff, it is expected for employers to take appropriate steps locally to implement the workplace guidance in a way that is sensitive to employee well-being. Employers can request that employees wear a face covering to ensure the workplace remains safe in line with health and safety legislation.
Employers must follow pre-existing protocols for assessing an employee’s fitness to undertake their work and this can include seeking confirmation from the employee’s GP. However, employees should not be ‘forced’ to wear a face covering and a workplace risk assessment should be undertaken to ensure all staff feel confident they are being appropriately protected.
Face coverings are one of a number of measures in place to reduce the risk of transmission. Businesses are required by Regulations to take certain measures to minimise the risks of exposures.
Therefore, if an employee is exempt from wearing a face covering, then reasonable adjustments should be made, such as:
■ moving the staff member to a task that can be undertaken behind a partition or where at least 1 metre of distance can be maintained
■ ensuring good ventilation in their work area and providing the necessary cleaning supplies for constant surface cleaning
Alternatively, they may be able to wear a face shield, rather than not wearing any face covering at all. However, the use of face shields by those employees who cannot wear face coverings must be accompanied by other mitigation measures. This is because the evidence shows that they do not provide adequate protection on their own.
Employers have legal obligations to ensure that decisions made in response to coronavirus do not directly or indirectly discriminate against workers with protected characteristics under the Equality Act 2010. If a staff member is exempt from wearing a face covering due to a disability within the meaning of section 6 of the Equality Act 2010, employers have a duty to make reasonable adjustments to avoid putting the disabled staff member at a substantial disadvantage compared to a person who is not disabled.
Q. I am off sick leave at the moment from work.
I had a telephone conversation with my company HR where an appointment with an occupational health doctor was arranged.
During this call HR asked me “where do you see yourself within the company?”. I believe this comment is aimed at getting rid of me. The company was bought by a larger organisation last year and I believe there is operational issues.
I have copies of my contract of employment and employee handbook but I am not a member of a trade union. I would like some advice about my employment rights.
A. Your employer has not done anything other than arrange an appointment with a health professional.
The comments from HR are inappropriate but they are comments and (at the moment) nothing else.
Your employer has a duty of care for your health and mental well-being and both are protected within the workplace Health & Safety and the Equality Act 2010. The Equality Act 2010 is the law that protects you from discrimination and gives you the right to challenge it. You are protected by the Equality Act if you have certain protected characteristics, like a mental health problem. We would advise to concentrate on getting well again and if things get worse at work then we are there to assist if needed.
Q. I have received a letter from the DWP in connection with the Low Income Pandemic Payment.
I have always had a Post Office account and always and I am wondering what will happen with this payment particularly as I do not have a bank account.
A. This payment will go into your Post Office account up until November 30, 2021, but after November 30, 2021, the Post Office will be closing all Post Office Card accounts and therefore it is in your best interest to open a basic bank account sooner rather than later.
Q. I need a document signed (this is for an application for a simple divorce procedure affidavit) by a notary public member, commissioner of oath. How do I do this?
A. A notary public is a solicitor who is normally concerned with the preparation and authentication of legal documents creating or affecting rights, duties and obligations outside the UK.
However, in some situations, clients may need the services of a notary public to authenticate a document for use within the UK, for example to state which occupancy rights exist on a property before it can be sold. A notary public will authenticate the document by asking you to swear under oath that what is in the document is correct. They might ask for evidence and will also sign the document. Most solicitors are notaries public so you should contact local solicitors to find out if they provide this service. If you are unable to find a notary public in your area you should contact the Law society of Scotland.
Q. I have seen on a news channel that the Universal Credit uplift of £20 a week is stopping. Is this correct?
A. The Universal Credit uplift of £20 a week was introduced by the Department of Work and Pensions at the start of the pandemic in 2020.
The DWP has stated that this was only a temporary arrangement during the pandemic to help people and that it will stop at the end of September 2021. You are not to confuse this with your UC decreasing because of something you have done. This was always a temporary measure.
PLEASE NOTE: Rutherglen & Cambuslang Citizens Advice Bureau currently is open for telephone / e-mail advice on Monday to Friday from 9.30am to 3pm.