A hospital porter of 20 years who was sacked after refusing to put on a face masks in the course of the Covid pandemic as a result of it made him anxious has misplaced his declare for unfair dismissal and discrimination.
The claims of Graham Fordham, who was laid off by his employer, Compass Group, after being off work for 9 months, have been rejected by an employment tribunal, which discovered the corporate had acted lawfully.
Through the Covid pandemic, employees in medical settings reminiscent of Fordham, whose job as an evening porter concerned transporting sufferers and provides, have been required by the federal government to put on a masks.
In March 2021, a nurse at Northwick Park hospital in Harrow, north-west London, complained that Fordham was carrying his masks beneath his nostril, Watford employment tribunal heard.
Fordham was spoken to by a supervisor, however he started to show as much as work with out a masks and carrying an exemption badge.
Fordham was referred to as in for a gathering the place he knowledgeable the managers that carrying a masks made him really feel anxious and that he felt he couldn’t breathe.
Fordham mentioned he was not in a position to put on a masks when shifting sufferers across the wards as a result of he “didn’t like issues obstructing his face”. He had suffered from anxiousness and melancholy since 2012, the tribunal was informed.
The hospital’s place was that if an worker determined to not put on a masks they might not be allowed on website. Fordham was suspended with pay so he may very well be referred to occupational well being.
He was invited to have a look at different roles throughout the hospital, the tribunal was informed, however none have been discovered to be appropriate as a result of all of them required him to put on a masks.
After being suspended and signed off work for 9 months, the tribunal heard, it was concluded that Fordham was unlikely to return to work and he was sacked in December 2021.
Fordham’s claims of unfair dismissal and incapacity discrimination have been dismissed on the grounds that different measures to carrying a masks reminiscent of social distancing have been “not doable”, the employment decide mentioned.
“Regardless of the relief of mask-wearing throughout the common inhabitants, the proof earlier than the tribunal was that this could not be modified inside Mr Fordham’s NHS setting,” the decide mentioned.
“There was no suggestion that the requirement to put on a masks in medical settings was resulting from finish at any time. Considered one of his key duties was to move sufferers throughout the hospital setting. This is able to not solely see him come into contact with the affected person but additionally quite a few different people.”
Since Covid security measures have been dropped in 2023, employees in NHS England are now not required to put on a masks in medical settings. Healthcare charities and affected person teams have referred to as on NHS England to reintroduce the Covid-19 precautions for employees amid fears that clinically weak sufferers and medics are being put in danger.
