Posted: Mon Oct 11, 2021 8:06pm
If Jet2.com really are saying they would remove people who refuse to sit next to someone not wearing a mask, I think they are also at risk of a disability discrimination claim if the person objecting has an underlying health condition making them vulnerable in the event of catching Covid. Of course the person refusing the mask might argue a similar point, if they can provide sufficient proof they can’t wear a mask in any circumstances. In these cases the only thing Jet2.com could do would be to seat the mask-less person on their own, 2 metres away from anyone else. If this is not feasible because of the number of bookings, then in my view a court May consider they are entitled to refuse entry to the maskless person on the basis that no reasonable adjustment is possible to protect all paying parties. I make these observations as an ex-lawyer who used to advise both businesses and private individuals on disability discrimination claims. I realise the disability issue cuts both ways, but I wouldn’t like to bank on which way it would go and it is a hot-button topic at the moment.
I have only just returned after 6 months back in the U.K. but I’ve really noticed how much more observant people are here, and I certainly would be very aware of black looks if I went into a shop or even a crowded street without a mask. The exemptions seem to have caused loads of problems in the U.K. A doctor friend of mine said he had one patient who maintained the mask made him stressed, to which the doctor’s thought was that being in close contact with people not wearing a mask made him equally stressed. He also had a case where a guy said he had breathing problems wearing a mask. The doctor then asked what he did for a living and was told he was a joiner, and he then admitted that “of course I wear a mask while working, otherwise I’d breathe in all that dust”
This is not to imply by any means that your brother may not have real problems with mask wearing, but that unfortunately a number of people have been claiming exemptions when they shouldn’t really have them, which brings everyone into disrepute.
Good luck sorting out the maze of regulations!