May 27, 2021
However, any policy on COVID-19 testing should be implemented carefully by an employer, as there is no legal requirement that employees be tested to enable them to work and an employee has the right to say no to testing. The use of testing should be reasonable and proportionate having regard to the nature of the employer’s business, work premises, and whether regular testing would significantly contribute to a safe working environment or whether the employer’s other safety measures are sufficient.
If an employer is considering introducing a regular testing requirement, it should think about the following:
Communicate with employees, discussing practical points like how testing should be carried out and how often. Employees may be worried about what would happen if they tested positive so be clear about how this would affect their leave and pay.
Reassure employees that, due to the legal requirement to self-isolate, absence stemming from a positive test would not lead to disciplinary action.
Ensure that data protection law is strictly followed, as test results will be considered a special category of data and require additional safeguards.
If an employee refuses to be tested, listen to their concerns to find a way to resolve any issues and consider taking legal advice if you feel that testing should be a requirement of their role.
If a decision is made to implement regular workplace testing, implement a written policy outlining the above issues.
Whether or not an agreement can be reached with employees, it is a good idea to seek legal advice before implementing a workplace testing policy. Please get in touch with our Employment and HR team if you would like further advice.
I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”
Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”
We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”
An extremely professional and sincere firm who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the firm to anyone looking for any type of legal advice”
PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”
Darwin Gray have acted for myself and my company over a number of years and at all times we have been treated with a professional manner yet maintain a common-sense approach at all levels. We couldn’t recommend them more highly.”
We have been clients of Darwin Gray for many years; they’ve always dealt with all of our legal matters with such professionalism. They work around us, even during awkward hours, and we feel confident we can always rely on them.”
Darwin Gray has been acting for Siltbuster for more than ten years. We would have no hesitation in recommending Darwin Gray to other organisations small or large.”
