VW dealership adviser, 34, who refused to wear face mask was unfairly sacked, tribunal rules


VW dealership adviser, 34, who refused to wear face mask during the pandemic because it caused her ‘severe distress’ was unfairly sacked, tribunal rules

  • An employment tribunal ruled Laura Convery, 34, was unfairly dismissed
  • She was employed as a service advisor in Knaresborough, Yorkshire, from 2019
  • Mrs Convery was put on furlough in 2020 and later asked to return to work with a face mask
  • She told her line manager she ‘physically cannot’ wear a mask due to ‘distress’
  • The 34-year-old was suspended on full pay and sacked after disciplinary hearing


A VW dealership adviser who refused to wear face mask during the pandemic because it caused her ‘severe distress’ was unfairly sacked, a tribunal has ruled.  

An Leeds employment tribunal ruled Laura Convery, 34, was a victim of disability discrimination and unfairly dismissed because of her anxiety which caused her to suffer panic attacks.

Mrs Convery was employed as a service advisor at a VW car dealership in Knaresborough, Yorkshire, from July 2019.

After a period of furlough due to the pandemic, in May 2020 her bosses at Bristol Street Fourth Investments Ltd, emailed staff about wearing face masks. 

The company stressed the safety of staff and customers as a priority including face masks, social distancing and the supply of PPE and face coverings.  

Mrs Convery told her line manager Matt Brogden she ‘physically cannot wear’ a mask saying ‘it creates severe distress for a number of reasons’ including a childhood trauma when she was 15 years old.

A VW dealership adviser who refused to wear face mask during the pandemic because it caused her 'severe distress' was unfairly sacked, an employment tribunal in Leeds has ruled

A VW dealership adviser who refused to wear face mask during the pandemic because it caused her ‘severe distress’ was unfairly sacked, an employment tribunal in Leeds has ruled

An employment tribunal ruled Laura Convery, 34, employed as a service advisor at a VW car dealership in Knaresborough, Yorkshire, from July 2019 was a victim of disability discrimination

An employment tribunal ruled Laura Convery, 34, employed as a service advisor at a VW car dealership in Knaresborough, Yorkshire, from July 2019 was a victim of disability discrimination

A staff policy said masks should be worn where screens were not in place and social distancing was not possible – and workers could choose to wear them at other times at their discretion. 

And the company asked her to sign up to Covid measures but she said: ‘My main level of concern is the risk of respiratory illness in myself if it were to become mandatory to wear a mask or visor. 

‘I am high-risk as I have smoked almost constantly for 21 years. Also, those that are hard of hearing fall into the at risk category as listed by the World Health Organisation and I have experienced hearing and ear problems for around 25 years.’ 

Mrs Convery also refused to have her temperature taken on arrival at work because she believed the thermometer’ infrared beam could ’cause her harm’ but she did agree in the end. 

After face masks became manadatory in July, she had anxiety in shops but said they were very understanding when she did not wear one.

The 34-year-old said: ‘I have had wonderful support from establishments who understand and adhere to the government guidelines and allow me to go about my day to day activities unhindered by being forced to wear a face covering.’

Mr Brogden explored the possibility that she could wear a plastic visor in September after face masks became manadatory in July but Mrs Convery refused that option. 

She was also asked to sanitise her hands but she refused to do so on the basis that she had ‘washed them earlier’.   

The Leeds tribunal heard that at this stage the firm believed she was refusing to adhere to Government Covid-19 guidance and she accepted that she did not refer to her ‘suffering from anxiety or having panic attacks’ when she attended the site on September 24. 

She later sent a text to Mr Brodgen saying: ‘It creates severe distress for a number of reasons; the main one being that I have a complete aversion to anything covering my face, which stems back to my teenage years I believe. 

‘I wasn’t aware that this was even a problem until I have tried to wear a face covering in recent months, but it transpires it is a huge problem for me. 

‘I’m also wary of the health implications which we have already discussed. I spoke with my GP who is unable to issue what I suppose one would refer to as an ‘exemption certificate’. There is no such thing.’

After a period of furlough due to the pandemic, in May 2020 her bosses at Bristol Street Fourth Investments Ltd in Team Valley, Gateshead, Tyne & Wear, emailed staff about a return to work

After a period of furlough due to the pandemic, in May 2020 her bosses at Bristol Street Fourth Investments Ltd in Team Valley, Gateshead, Tyne & Wear, emailed staff about a return to work

She was suspended on full pay, but did not attend a disciplinary hearing because of sickness and was sacked.

In an impact statement Mrs Convery said: ‘The mental impairment experienced is the utter stress caused by wearing a face covering and the reaction it evokes when attempted.

‘I am unable to wear a face mask as it creates severe distress which leads to nausea, dizziness and the feeling that I am unable to breathe, panic attack. I have had the impairment for approximately 19 years.’

She did get a job from an employer in November 2020 who did not require her to wear a face covering. 

Judge Jonathan Brain ruled she was unfairly dismissed under the Equality Act ‘by reason of the mental impairment of anxiety or panic attacks’. 

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