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JimLawyer
JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 10471
Experience:  Senior Associate Solicitor
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I want to ask if my employer have right to force me Wear

Customer Question

I want to ask if my employer have right to force me Wear mask at workplace. I know in some companies you have choice even in shop people not wearing masks and I am working in factory in dusty environment where is hard to breath with Hot water tanks. What all the government restrictions in covid for workplace look like now? Can i Take off my mask when i feel uncomfortable? The manager complaining when im only trying to uncover my nose for better breathing.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Im working in german company they give insyructions that everyone need to follow and no one asking if we have choice im Just wondering if all companies should have same rules in ireland because in every Country it looks different So before i ask hr i would like to know if its regulated by government and law to at least have argument with me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I gave all information that I have for this moment
Submitted: 2 months ago.
Category: Republic of Ireland Law
Expert:  Virtual-mod replied 2 months ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Nicola-mod replied 1 month ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  JimLawyer replied 1 month ago.

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

It would depend on your employer's policy and whether the Irish government have insisted that your employers in their industry have to ensure their staff wear face masks. If so, the employer has to follow the law and the HSE's guidelines - if they do not then potentially you could find yourself in a situation of gross misconduct, by exposing the other staff members to a risk of contracting Covid, and the employer's insurance may also be affected. If in doubt you can ask the HSE on https://www.hse.ie/eng/about/our-health-service/get-in-touch and they will tell you for sure

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Expert:  JimLawyer replied 1 month ago.

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim