As the Country begins to reopen following the pandemic, what is the position for employers who want to test employees before they return to work?
As an employer, there is nothing in the law that allows you to enforce testing on your employees. If you request it as part of your risk assessment and safeguarding procedures and an employee raises a strong objection, and you proceed with the request, you may find that there is a breach of contract, specifically, the mutual duty of trust and confidence. You should be open to these discussions and managing objections to reach a solution that suits all parties.
If an employee takes a coronavirus test, and shares the results with you, remember that under GDPR you have a duty to handle this data lawfully, fairly and transparently. You may share with other employees that someone has tested positive but information provided should be minimal and you should avoid naming the individual.
The Information Commissioner (ICO) has published advice for employers on coronavirus and testing. This should provide appropriate guidance for the handling of data of this nature.
Remember that these times of transition will present challenges,and if you are unsure on anything you should seek appropriate HR advice.