- It is the law that a person shall not without reasonable excuse enter or remain in your shop without wearing a face covering
- Those that are in charge of the shop shall take reasonable steps to engage with people entering into (or inside) the shop to inform them about the Law and shall promote compliance with the Law.
- The “reasonable excuse” referred to in point 1 is defined in Section 5 of the Regulations.
A person has a reasonable excuse if
- The person cannot put on, wear or remove a face covering
- Due to any physical or mental illness, impairment or disability
- Without severe distress.
PLEASE NOTE THAT IT IS NOT A REQUIREMENT OF THE PERSON TO “PROVE” OR SATISFY TO THE OWNER/MANAGER THAT THEY HAVE A “QUALIFYING” EXCUSE.
DO NOT SEEK PROOF NOR SHOULD YOU REFUSE ACCESS TO A PERSON THAT CLAIMS THAT THEY CAN’T WEAR A MASK.
You need to protect yourself against a Discrimination Claim founded on a refusal to serve a person by virtue of the person having a disability.
Have masks available for sale to anyone without a covering.
UNDER NO CIRCUMSTANCES SHOULD YOU DISCLOSE THE PRIVATE MEDICAL INFORMATION OF A CUSTOMER TO A THIRD PARTY, THIS WOULD BE CONSIDERED TO BE A GDPR BREACH.
We suggest that you consider indicating to customers that expect the staff to enforce the Regulations that your duty is to bring the requirements to the notice of customers and to promote compliance, the Regulations do not permit anyone other than the Gardai from enforcing them.
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