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Hospital Porter Dismissed Over Mask Policy Loses Legal Challenge

Tribunal rules dismissal of long-serving porter for refusing to wear a Covid mask was fair, citing patient safety and NHS mask mandates.

  • Graham Fordham, a hospital porter with 20 years of service, was dismissed in December 2021 for refusing to wear a face mask during the Covid-19 pandemic.
  • Fordham cited anxiety and difficulty breathing as reasons for his refusal to wear a mask, which was required under government and NHS guidelines for hospital staff.
  • The Watford employment tribunal dismissed Fordham's claims of unfair dismissal and disability discrimination, stating that mask-wearing was essential for his patient-facing role.
  • The hospital had explored alternative roles for Fordham, but all required compliance with mask mandates, leaving no viable options for his continued employment.
  • The tribunal concluded that safety measures, including mask-wearing, were critical in the hospital setting and could not be substituted with alternatives like social distancing.
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