The Consumer Lawyer

Laws on Covid-19 (facemasks and Covid passes)

By Dean Dunham – 12 December 2021

In a bid to slow down the spread of Omicron, the new Covid variant, Government has announced  the implementation of its ‘Plan B’ this week – a set of new restrictions.  From Friday 10 December, face coverings will be mandatory for: most indoor public venues including places of worship, theatres and cinemas, shops and on public transport.

Of course masks will not be required in pubs, restaurants, gyms or any other venue where it is not “not practical to wear them”.

From Monday 13 December, you should work from home “if your can”.

From Wednesday 15 December (subject to parliamentary approval), you will need an NHS Covid Pass, showing your vaccination status or a recent negative lateral flow test – to gain entry to: nightclubs, indoor unseated venues with more than 500 people, unseated outdoor venues with more than 4,000 people and any venue with more than 10,000 people (such as a football stadium).

Unfortunately Boris’ Plan B has created more questions than answers which has caused lots of readers to contact me. Here’s the most popular questions you’ve been asking me:

I have a theatre booking but I do not want to wear a mask. Can I ask for a refund?

This is a good example of the law being unfair and unable to accommodate a particular set of circumstances, in this case a pandemic. The position is therefore not a good one for consumers, as there will be no right to a refund in these circumstances unless the theatre is unable to open. So you wont be entitled to a refund unless it is the theatre that has to cancel the booking.

Our Christmas party is booked at a nightclub. Several of our staff have not been vaccinated, can we get a refund for them?

The position here is the same as with theatre and all other bookings of a similar nature, unless the venue cancels you will not be entitled to a refund.

I do not have Covid pass so will not be able to attend nightclubs and other venues, is this not discrimination?

Ordinarily it probably would be, but Government has gone to Parliament to pass a law to enforce this so it wont be.

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