Dismissed from my job for not wearing a "Face Covering"

by Mac101 Mon Nov 15, 2021 11:43 am

I am in the process of constructing a Pre-Action Letter before claim which I will be serving on my local council. I worked for a company who were contracted through the council to run various school contracts. On November 5th 2020 the Council issued a diktat that all school bus drivers wor masks/face coverings. I refused, sending letters/emails as to why I was refusing, had several meetings with my employer offering ways (risk assessments) that FULLY complied with the "guidelines" set out but to no avail. My employer said the Local Council were "insisting" all drivers masked up! To cut a long story short I was placed on unpaid leave and subsequently dismissed on Sept 13th 2021. As I said I am in the process of submitting a Letter before Claim against (North Tyneside Council) as I believe they were negligent in their demands, all drivers wor masks, and also they didn't understand the guidelines set out by Gov/PHE. Indeed they actually based their Mask demand (for drivers) on guidelines set out for passengers. The Transport Worker guidelines plainly stated that "Transport Worker are no required to wear a Face Covering, by LAW". I am looking for help as I believe the council has acted fraudulantly is using guidelines for "passengers" as they were unable to use the Transport Workers guidelines. Surely this is a case of fraud?

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by **daveiron** Mon Nov 15, 2021 12:48 pm

Hi Mac101,welcome to the site,

Its my comprehension that your claim must be against your employer
and not the council,you have no contract with the council.

by **daveiron** Mon Nov 15, 2021 1:03 pm

Your claim against your employer ,could be based on many things:
If wearing a mask is not in your contract it cannot be mandated.
From what i can see your employment does not fall within the statutory
rules for wearing a mask. Also there is the public safety aspect, have a look
at hypercapnia and hypoxia both of which can be caused by mask wearing,
this would not only place the driver in potential danger but also the passengers
and anyone else should you succomb to the potential effects.

by Mac101 Mon Nov 15, 2021 1:10 pm

Yes Dave I initially (back in Nov 2020) sent a letter of conditional acceptance to my employee and the local council asking them to answer certain question regarding the wearing of masks and the efficacy ( mentioning hypercapnia and hypoxia etc)of doing so...Asking them for any risk assessments done and any doctor willing to sign on full liability that masks were safe to wear for long periods of time (4 hours a day whilst doing school runs, 5 days a week). Not surprisingly they didn't not reply and didn't even acknowledge it...

by Mac101 Mon Nov 15, 2021 1:18 pm

Sorry Daveiron it looks as if my first message to you didn't send. Thank you for your welcome. I agree that the claim is probably with my ex employer but I believe the local council have been deliberately decietful when rolling of their mask mandate. They knew they couldn't use the Transport Workers guidelines so they used Passenger guidelines to get round it. I believe they were well aware of this (although I wouldn't say it like that) and insted anyway. I believe that little stunt is covered under the Fraud Act 2006 - Fraud by false representation. That was the angle I was gonna come from Smile

.

by **daveiron** Mon Nov 15, 2021 1:47 pm

Quick question, do you have copies of those letters & importantly proof of
posting and or proof of delivery ?

by **daveiron** Mon Nov 15, 2021 2:05 pm

Some great advise from an employment lawyer, whilst she is talking about
jabs ,much of this also allpies to masks

https://odysee.com/@ResistanceGB:f/Anna-Care-Workers:3

by Mac101 Mon Nov 15, 2021 2:40 pm

I stupidly handed by letter of conditional acceptance in by hand to my employee but also sent it via email to them and the council also...I have recorded meetings (I insisted they were recorded) where I am asking my employee/Council for their risk assessments re mask wearing. Agaqin, stupidly, most of my correspondance with my employee and council was done via email...All saved, all screen shots saved also. Also a PDF file the council were basing their guidelines on (also) which fully complies with what I was arguing i.e. that I am not required to wear a mask. Council just put it back on to employer though saying they (council) "insist" all drivers wear masks and if you don't agree it's an employment issue. My employer was left between a rock and a hard place. Council would not accept any risk assessments offerered by my employer. They steadfastly ignored them (even though they fully complied with gov/phe guidelines re face-to-face contact) and just trotted out the line they INSIST (actual wording they used, initially) masks are worn. Thanks for the link, I will take a look. To be honest I am not interested in trying to get my employer, although I know they haven't protected me one bit, it is the Council I want to see answer for their lies and fraud....I know it's probably an impossible task but I will send them a letter before claim and take it from there.

by **Lopsum** Mon Nov 15, 2021 5:13 pm

In my opinion you can only get to the council via your employee, you have no stick to whack em with unless you go for the employee.
The council have not asked you to do anything.
The only issue is your current contract which doesnot insist on mask wearing.

by Mac101 Mon Nov 15, 2021 9:13 pm

Lopsum I do understand what you and daveiron are saying, I have also heard it from many other people too. Seems to be the case with all this nonsense the liability is put on employers etc...The difference, I feel, is North Tyneside Council delberately (in my view) used the wrong guidelines (guidelines for passengers not drivers) so I do feel they have a case to answer as they were basing their mandate on false info. I also know that other councils were using passenger guidelines to push mask wearing for drivers as they knew they could not use Transport Worker guidelines as it plainly stated drivers were not required to wear masks. I believe this was a deliberate ploy to get round transport worker guidelines Smile

I know the councils have committed fraud under false representation but I also know I will never get the opportunity to prove it as I am not employed by the council. I may be way off on my thinking, I'm sure you guys know much moire than me, but I just thought they offer the contracts to local transport companies so they must take some responsibility as to what THEY require from said businesses. In my view they (knowingly) insisted for drivers to wear masks fully understanding that Transport Worker guidelines contradicts them. Or am I just being totally niave in my thinking?

by **daveiron** Mon Nov 15, 2021 9:33 pm

You could perhaps send them a foi request requireing what legislation they
relied upon to coerce their contractors to comply.

by **assassin** Tue Nov 16, 2021 4:06 am

Mac, its very simple, you are not employed by the council.

You are employed by your employer and your issues are with your employer and not the council.
Your employer is employed by the council as I would suggest, a sub contractor.

Therefore its simple you are employed by your employer and your first port of call is to check your contract of employment, then telephone ACAS for advice and initiate the grievence process and follow this through, prepare your questions and take the appropriate legislation with you to refer to, also, audio record the meeting and ensure everyone states their name and who they are employed by so their is no future potential issues with people denying they were there.

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