Charmaine Watkins (Student)
What is a Disability?
In the Equality Act 2010, a disability is defined as ‘a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities’. Substantial means more than minor, such as it takes longer to complete a daily task like getting dressed and long term means more than 12 months.
Disabilities can be both visible and invisible. It is commonly reported that people with visible disabilities come across discrimination in everyday life however it is not so commonly reported about discrimination against those with hidden disabilities. Nevertheless, this has become clearer since the introduction ofthe requirement for face coverings to be worn across the United Kingdom.
Due to COVID-19 face coverings are mandatory in the majority of locations across the United Kingdom, to help stop the spread of the Virus. This has led to many issues for businesses and those with hidden disabilities. The Government has been very clear on the Law behind face coverings however not so clear on how it will be enforced until recent weeks.
What is a face covering?
The government has defined a face covering as something which safely covers your nose and mouth, which can be single use or reusable. Items of clothing such as scarfs, bandanas, homemade coverings or religious garments are classed as face coverings providing they fit securely around the side of your face. It does not have to be a form of medical PPE.
The law behind face coverings
Face coverings must be worn in certain places by law cross the United Kingdom these places include public transport, shops, restaurants and places of worship. The police are now able to take action if a person does not comply with the law without a valid exemption. Fines have been put in place to enforce this. On your first offense you could receive a fine of £200, this will double for each offense committed. There are however exemptions to this law, and these include people with various disabilities. These exemptions always include mental disabilities such as wearing or removing a facemask would cause severe distress for example.
In 2016 the hidden disabilities sunflower scheme launched. The scheme was intended to notify people that the wearer of the sunflower lanyard needed additional support. This has been adopted globally by many airports and venues and in more recent times supermarkets, emergency services and many small and large businesses. Since the outbreak of COVID-19, the sunflower scheme has been developed to also include exemptions from wearing a face covering. There is not a list of disabilities that qualify however illnesses and conditions such as asthma, COPD and other chronic illnesses could be regarded as a hidden disability. In the UK one in five people have a visible disability however it is suggested that 80% may have a hidden disability.
Some transport companies have suggested that ‘fake lanyards’ are being used to avoid the necessity of wearing a mask, however no evidence has been produced to suggest that this is the case. People with genuine hidden disabilities have said that they feel discriminated against, leaving them feeling isolated and scared to leave their houses as they cannot wear a mask. Some people feel like everywhere they go they get challenged for not wearing a mask despite wearing the lanyard. Stephen Buckley, from the Mind charity has said “It’s really important not to make assumptions about other people you come across who don’t have their faces covered… openly challenging this is likely to negatively affect their mental health.”
Government guidelines state there are exemptions to the requirement to wear face coverings and say that no proof is needed, they have now however, provided an exemption card that can be printed out and more businesses now support the sunflower scheme.
At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on equality and discrimination related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk