united-kingdom privacy european-union medical covid-19
Does a company’s T&amp;C or their house rules supersede law and is asking private health status (including the request to wear a mask) an offence?
<p>In January 2022 I used an airline to fly from UK to Spain. As soon as I boarded, I made myself comfortable and ready to sleep as I had no opportunity to do so the night before. I took my mask off as I simply can’t sleep with a mask on. As a consequence I was approached 6 times by 3 different flight attendants with their request to wear my mask. I explained that I am exempt and that I don’t need to proof any medical exemption. As they didn’t accept my explanation, they continued telling me to put on my mask. There was no sign of understanding by the flight attendants but instead I was repeatedly asked to put my mask on and furthermore I was threatened in front of half of the passengers that the airplane would need to turn around as I am a bio-terrorist to staff and passengers. They were trying to turn the majority of passengers against me and openly said that I would soon see the reactions AND (physical) actions (aggressions) against me.</p>
<p>I repeatedly stated (on the flight) that I don't need to have a medical exemption because there is no doctor or GP in the UK who would provide such an exemption. The UK government website explicitly says that everyone has the right to exempt themselves not necessarily based on any medical conditions! 
Since when are company's rules above law?
Repeating myself but I was clearly harassed, discriminated and threatened by the flight attendants and the captain himself. I am no biohazard to any staff or passengers.</p>
<p>General question: The company's T&amp;C (I had agreed to) mentions that I need to provide a medical exemption. As mentioned above there is no such thing available and necessary in the UK. Thus, can the Equality Act 2010 be of any use here to claim compensation?</p>
<p>Specific question: Is asking the private health status (including the request to wear a mask) an offence?</p>

<h2>Since you asked two questions: No and No</h2>
<blockquote>
<p>Does a company’s T&amp;C or their house rules supersede law</p>
</blockquote>
<p>No</p>
<blockquote>
<p>and is asking private health status (including the request to wear a mask) an offence?</p>
</blockquote>
<p>No</p>
<p>A company cannot require you to do things that are <em>against</em> the law but they can require you to do things that go <em>further</em> than the legal minimum.</p>
<p>The UK and Spanish governments do not require you to wear a mask but they do not prohibit private organisations (like airlines) for making it a requirement to access their facilities.</p>
<p>The law requires that they make reasonable accommodation for people with disabilities. But you don’t have a disability, you just can’t sleep with a mask on. If you had a disability you would have no trouble in getting a letter from your doctor to that effect.</p>
<p>The contract requires them to take you from the UK to Spain: they don’t have to enable you to sleep. If you read the T&amp;C, you will find that they <em>can</em> refuse to carry you if, in their reasonable opinion, you pose a hazard to the aircraft or the people aboard it.</p>
