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.