A delivery driver has been dismissed by Kent Foods Ltd., after refusing to wear a face mask as instructed by company policy. Polish-born Deimantas Kubilius was required to visit the Tate & Lyle Thames refinery site on a regular basis, with Tate & Lyle stipulating that all visitors must wear personal protective equipment (PPE) to reduce the risk of Coronavirus infection.
What happened?
In an incident that occurred on the 21st May, Mr Kubilius was making a bulk liquid delivery to the Tate & Lyle refinery and was issued with a face mask upon arrival, which was standard practice at the site. The delivery driver repeatedly refused to put the mask on, arguing that his vehicle’s cab was his own personal space and wearing a face mask was not a legal requirement.
Despite warnings that his elevated position made it easier for droplets from his mouth to land on people below his cab, Mr Kubilius continued to refuse the PPE, which resulted in Tate & Lyle banning him from the site and the refinery reporting the incident to Kent Foods.
As the Kent Foods handbook states that all employees must take reasonable measures to safeguard their own and other people’s health and safety, Mr Kubilius’ refusal to wear a mask was in breach of company policy, the employment tribunal ruled. Please click here to read the Judgment.
What does this mean for employers?
Whilst this decision is a positive one for responsible employers, it’s important to remember that each case is unique and employment law around PPE can be difficult to navigate. If you believe you have a right to dismiss an employee in breach of health and safety regulations, it’s worth using an experienced firm of solicitors such as Nalders, who cover the whole region of Cornwall and have experience in dealing with this sort of case.
Nalders have a dedicated team of employment law specialists on hand to advise you on employment contracts generally and on any employment or commercial arrangements, you are thinking of putting in place. Contact Dale Band, Gayle McDermott, Lee Middleton or Luke Smith to discuss further on 01872 241414.