I am about to start work next week which is good because it is so hard to find a job. It is not a job where you get close to people like in a hospital or hotel. Now, I just wanted to know the legal background of employers demanding covid tests? I haven't been asked to do one but what if someone at work gets it and then the employer demands a test? Are they legally allowed to do that? I do not believe the test is accurate, I do not want a false positive test and then having to stay at home locked up would be dreadful. I know this is just hypothetical but just wanted to know what you guys know. My hubby is already having to wear a mask at work when he is walking around the office. I am thinking of wearing the face mask exempt card when I am walking in on the first day. I just don't want any more of this nonsense. Thanks for your comments.
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Legal standpoint of mandatory Covid tests at work
Legal standpoint of mandatory Covid tests at work
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Ask for a copy of the employer's risk assessment that supports mandatory muzzles. Scrutinise and look for loop holes.
Of course they might not have done one in which they are at fault and you have a legal advantage.
Can't help any further (CABs all closed) but hope this is a starting point.
Just saw Lisa's comment (sadly I cannot help with the legal aspects) but it reminded me to mention that I saw a beautifully printed Covid negative test certificate this week from someone at work. It looked like someone who graduated from school. All professionally done so perhaps these private companies who do the tests will give certificates. Perhaps even the government. I hope someone can help Lisa from a legal standpoint. Lisa the only idea I have for you is to play these idiots at their own game. They lied to us so in my world (I am normally not a liar but I am also not a fool) we have every right to do white lies. You could make up a psychological disorder and you feel very anxious when someone sticks something in you and this would be a torment for you to do every week. The reason for your disorder could be that you fell on a very sharp needle as a kid and hurt yourself and could not move for hours. Of course, you have to be careful as I don't think you would want to lose your job. So I think the legal standpoint it would be good to know your rights as an employee.
Hi everyone, I work with adults with learning disabilities and from next wed I have to have a test every week. I’m wide awake to everything that’s going on so really don’t want this. Can I refuse, does anyone have any advice please. Lisa
What sort of test are they demanding, as far as I know regular NHS ones don't give you any "proof of test" afterwards. So you could just lie and claim to have had one?
Kris - Good luck with your new job, and do let us know how you get on. 😊
Hello Cat,
Thanks you so much. That is very helpful to know. Let's hope they won't ask me.
Have a great week.
Hello Kris - I found this on the XpertHR website. I don't work myself anymore, so can't really help you.
The Information Commissioner's Office (ICO) has published guidance for employers on workplace testing. The guidance states that employers can rely on their health and safety duties as a ground for processing special category data in these circumstances, but that the employer should carry out a data protection impact assessment before carrying out testing and should process employees' health data only if this is necessary and proportionate. They should collect the minimum data necessary and ensure that this is kept secure. They must provide employees with information, including on what health data will be collected, what it will be used for, who (if anyone) it will be shared with and for how long it will be kept. If an employee does not agree to take a test, they cannot be forced to do so. In certain circumstances, it may be open to employers to take disciplinary action against an employee who refuses a test, but this would depend on factors such as the nature of the employee's work and any evidence on the necessity of testing in the particular environment.