Hospital Porter Loses Unfair Dismissal Claim After Termination for Mask Noncompliance

Hospital Porter Loses Unfair Dismissal Claim After Termination for Mask Noncompliance

Graham Fordham, a ten year hospital porter who recently retired. Thankfully, the tribunal dismissed his claim of unfair dismissal against Compass Group for the dismissal for not wearing a face covering during the Covid public health emergency. Fordham, who had served in the role for 20 years. He was fired in December 2021 after multiple offenses for failing to enforce mask wearing.

The employment tribunal decided that Compass Group was acting legally when it dismissed Fordham. Another time, a manager asked him to wear his mask correctly and he complied. He would frequently wear it under his nose or not at all while at the office. At Fordham, they moved patients in–hospital. At this time, strict compliance with safety measures was imperative, particularly in the context of the national health crisis.

Fordham’s association with the company runs deep. Since 2012, he has fought anxiety and depression, which he said made wearing a mask difficult. We were a little scared, because he had just begun coming into work without a mask. He flashed a police exemption badge, which indicated that he thought he was above the rules of the mask mandate. The conflict continued to build, ultimately resulting in the suspension of Fordham. He ended up taking nine months off from his career to deal with his mental health.

The tribunal concluded that Fordham’s actions of refusing to wear a face mask put both patients and staff at risk, leading to their decision to uphold Compass Group’s dismissal of him. In addition, they found Fordham’s chance of coming back to work was slim to none due to his persistent anxiety and depression.

In his statement regarding the mask policy, Fordham expressed his discomfort, stating:

“I did not like things obstructing my face.” – Graham Fordham

The tribunal rejected his allegations of both discrimination and unfair dismissal. They agreed that Compass Group had no choice but to address the employee’s actions within the bounds of the law.

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