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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75168
Experience:  Qualified Solicitor
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I was refused treatment and deleted from client list at my

Customer Question

Hey I was refused treatment and deleted from client list at my dentist because I can’t wear mask due to my exception
JA: Where are you? It matters because laws vary by location.
Customer: Newmarket UK
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 17 days ago.
Of course
Expert:  Ben Jones replied 17 days ago.

What do you specifically want to know about this? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 17 days ago.
I would like to know if I can sue the clinic
Customer: replied 17 days ago.
For deleting me of the client list
Customer: replied 17 days ago.
Is that even legal ?
Expert:  Ben Jones replied 17 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

It is not illegal to remove you from their database. As to the face covering issue, in settings where face coverings are usually required to be worn, there are some circumstances where certain people may not be able to wear one.

This includes people who cannot put on, wear or remove a face covering because of a physical or mental illness or impairment, or disability.

The Government has specifically clarified that “If you have an age, health or disability reason for not wearing a face covering you do not routinely need to show any written evidence of this and you do not need show an exemption card. This means that you do not need to seek advice or request a letter from a medical professional about your reason for not wearing a face covering.”.

It then goes on to say: “Some people may feel more comfortable showing something that says they do not have to wear a face covering. This could be in the form of an exemption card, badge or even a home-made sign. This is a personal choice, and is not necessary in law.”

If someone is treated detrimentally for not wearing a face covering when they believe they are exempt, they would generally only be able to challenge this if they are classified as being disabled in law, in which case it can be argued that they are subjected to disability discrimination.

The legal definition of a ‘disability’ can have a broad meaning and there is no single list of medical conditions that can qualify. Potentially, any condition or ailment can amount to a disability if it meets the required criteria.

That criteria are contained in The Equality Act 2010, which defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down and examine it in more detail below:

- Physical or mental impairment – this can include practically any medical condition, be it a physical or mental impairment

- Substantial effect – the effect must be more than minor or trivial

- Long-term - the impairment must either have lasted or be likely to last for at least 12 months

- Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

Please also take a look at this detailed guide on determining if you are disabled:

https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/

If a person satisfies the necessary criteria, they will be classified as being disabled in a legal sense and will have automatic protection against discrimination. This means that they must not be treated unfavourably because of their disability. In addition, they can request for reasonable adjustments to be made, with the most obvious one being an exemption from wearing a face covering.

Expert:  Ben Jones replied 17 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 17 days ago.
Thank you
Expert:  Ben Jones replied 17 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help.

Expert:  Ben Jones replied 17 days ago.

All the best