A sacked hospital porter who refused to wear a face mask during the Covid pandemic because of his “anxiety and depression” has lost his employment tribunal case.
Graham Fordham told managers he would not wear a mask when moving patients around the wards because he “did not like things obstructing his face”.
The porter, who had been working in the role for 20 years, was off work for nine months before bosses decided to sack him.
He sued his employer Compass Group, a service provider, for unfair dismissal and disability discrimination but his claims were dismissed by an employment tribunal.
Mr Fordham worked as a night porter at Northwick Park Hospital in Harrow, north-west London, and was responsible for transporting patients and supplies, a Watford employment tribunal was told.
In March 2021, during the pandemic, a nurse complained about him wearing his mask below his nose, the tribunal heard.
He was spoken to by management, but soon afterwards, began turning up to work without a mask and wearing an exemption badge, the tribunal was told.
During the pandemic, the government introduced a requirement for people to wear face coverings in certain circumstances, including in hospitals.
Mr Fordham was called in for a meeting, where he told management masks made him feel anxious and that he could not breathe when wearing it, the tribunal heard.
The porter told staff he did “not like things obstructing his face”, and could not wear any kind of mask.
But the hospital’s position was that if an employee chose not to wear a mask they would not be allowed on site, the tribunal was told.
The tribunal heard that Mr Fordham – who had experienced anxiety and depression since 2012 – was suspended with pay so he could be referred to occupational health.
The porter was invited to look at other roles within the hospital, the tribunal was told, but none was suitable because they all required him to wear a mask.
Having been suspended and signed off work for nine months, hospital management concluded he was unlikely to return to work and he was sacked in December 2021.
Mr Fordham’s claims of unfair dismissal and disability discrimination were dismissed.
Alternative measures to wearing a mask such as social distancing were “not possible,” the employment judge concluded.
“Despite the relaxation of mask wearing within the general population the evidence before the tribunal was that this would not be changed within Mr Fordham’s NHS setting,” the judge said.
“There was no suggestion that the requirement to wear a mask in clinical settings was due to end at any time.
“One of his key duties was to transport patients within the hospital setting. This would not only see him come into contact with the patient but also a number of other individuals.”
