Current Events

Face Mask Wearing Mandate Possibly Illegal

The UK government has failed to conduct a Risk Assessment of the risks to the individual members of the public for the harms caused to them by mask wearing or wearing a face covering. Without such a Risk Assessment, the individual is not providing ‘informed consent’ to wear a ‘medical device’ (which a mask is as defined under the Medical Devices Regulations 2002).

A face ‘covering’ falls to be regulated under the Consumer Protection Regulations. The Face Coverings Regulations are therefore, prima facie, unlawful and should not be enforced. In the view of our legal team, the Face Coverings Regulations are ultra vires the Government’s powers but that legal argument is ongoing.

None of the supermarkets are providing their customers with a Risk Assessment either, so their customers are also not able to provide their ‘informed consent’ to wearing a face covering/mask.

This is unlawful as ‘informed consent’ must be obtained.

Anyone being asked to wear or use a medical device, such as a mask, should be medically assessed by an Occupational Health team for their INDIVIDUAL risk posed to them by wearing a mask.

Failure to conduct a Health & Safety Risk assessment is both a civil and a potentially criminal offence. Therefore both the government and the supermarkets, and anyone else enforcing mask mandates in the absence of a full Health & Safety Risk assessment in the workplace, is acting unlawfully and can be held personally liable for the damage caused to the individual.

Legal challenges are already being run against the ‘mask perpetrators’ to challenge this unlawful and harmful mask mandate and cases are already being won, and damages for harm caused paid out.

I’m a specialist disability discrimination lawyer who also has a stream of claimants lining up to bring legal claims for damages from this mask mandate. Countless people are being harmed by wearing a mask and others are being harmed from the discrimination they are enduring from being mask exempt.

The flood of litigation is going to be Tsunami-like. Be warned: perpetrators will be held to account. Anyone enforcing or imposing this mandate should be warned that they are acting unlawfully and will be held personally liable for the harm they cause.

I advise anyone harmed by this mask mandate in a work environment (which supermarkets are) to file a report of your harm to the Health & Safety team and ask them to conduct an investigation into whether the employer or supermarket or other ‘mask perpetrator ‘ has conducted a valid Health & Safety Risk Assessment.

The local council’s Environmental Health Officer is responsible for ensuring that commercial premises in their area are safe for the public. This includes whether it’s safe for the public to be forced to wear a face-covering or mask whilst in a supermarket or other commercial premises. Without a full Risk Assessment, no one should be required or forced to wear a face-covering or mask as it is a breach of the Health & Safety laws and a potentially criminal offence.

If the employer or other ‘mask perpetrator ‘ hasn’t followed the law in forcing you to wear a mask, criminal investigations can follow under Health & Safety laws.

The Equality Act 2010 does not permit anyone to discriminate against a disabled person on the grounds of their disability. Refusing entry to a shop or access to public services to a disabled person is prima facie disability discrimination. No evidence can be lawfully demanded. It’s a breach of both the right to privacy and the Equality Act 2010 to ask for medical evidence in this manner.

Masks worn by the public in community settings do not prevent transmission of a virus particle as tiny as SARS-CoV-2: that’s what the scientific research evidence shows.

Masks can increase the risk of transmission if not face-fitted and fit-tested for the individual wearer as leakage occurs. Masks can increase the risk of secondary bacterial and fungal infections due to incorrect putting on and taking off of the mask, incorrect storage and lack of sterilisation of the contamination collecting on the surfaces of the mask.

These contaminates are then inhaled: the moisture and humidity of the mask is a perfect breeding ground for bacteria and fungus which multiply in the mask fibres. These are then inhaled deeply into the lungs where they multiply further, along with the loose fibres of the mask which collect in the lungs.

Secondary bacterial lung infections are a major risk factor from inhaling bacteria into the lungs. Secondary bacterial lung infections were the major cause of death in the Spanish Flu. They had cloth mask mandates then too. Masks cause multiple organ damage, some of which is irreparable and permanent.

Masks cause social, cognitive, emotional and psychological harm too. I have 55 pages of scientific research evidence proving the many harms caused to the mask wearer. I’ve prepared a detailed Risk Assessment and a Health & Safety Risk Assessment on mask-wearing for any of you who would like to be informed of the harms and risks of mask-wearing.

There are a team of around 70 of us professional lawyers, medics, Health & Safety inspectors, industrial hygienists, psychologists, scientists and others who are collaborating to raise legal challenges against the unlawful and harmful mask laws and mandates and policies. Our evidence is therefore drawn from top experts in their fields. ~ Antony Newby, Leah Butler-Smith, Katia Smith.

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