Staff who refuse to wear masks CAN be sacked, tribunal rules

Company bosses can sack workers for refusing to wear a face mask, a tribunal has ruled.

An employment tribunal said a food firm in Kent was within its rights to dismiss a truck driver who refused to wear a mask while he was making a delivery to a client.

In one of the pandemic’s first employment disputes, Kent Foods was found to have acted fairly by sacking Deimantas Kubilius last June for failing to follow rules set out by the client, Tate & Lyle.

Mr Kubilius was making a delivery to Tate & Lyle, where workers were required to wear masks. Mr Kubilius refused, despite several requests from Tate & Lyle staff.

The tribunal heard that Mr Kubilius was willing to wear a mask outside his truck, but not in the cab, stating: ‘My cab is my home.’

An employment tribunal said a food firm in Kent was within its rights to dismiss a truck driver who refused to wear a mask while he was making a delivery to a client (stock image)

But Tate & Lyle manager Jon Freeman was concerned about droplets coming from Mr Kubilius’s mouth when he spoke to people through the open window. Another manager, Nick Kirbyshire, approached Mr Kubilius to ask him to wear a mask.

Mr Kirbyshire said in a statement: ‘To have a visitor blatantly refusing a simple request… did make me very angry. That mask was not for his protection. That mask was to protect everyone else from potential Covid risk that the driver has brought in with him.’

Mr Kubilius said in a statement: ‘These employee’s [sic] attacked me for no reason and… restricted my human rights.’

After Tate & Lyle banned him from its site, he was dismissed by Kent Foods. He said that after the incident he was ‘under a lot of stress, where I could not come back to my normal life for some time’. 

The tribunal said the worker had only general fears rather than specific ones about how the factory was run. Experts said the ruling protected bosses who wanted staff back to the office (stock image)

Tribunal Judge Barrett said it might have been more reasonable to issue Mr Kubilius with a warning, but the firm was still allowed to fire him. 

Graham Mitchell, of Clyde & Co Solicitors, said: ‘This decision highlights… the behaviour expected of employees in their relationships with customers and suppliers.’

A separate tribunal found a factory, Leeds Laser Cutting, could fire one of their engineers for failing to come to work because he feared catching Covid. 

The tribunal said the worker had only general fears rather than specific ones about how the factory was run. 

Experts said the ruling protected bosses who wanted staff back to the office.