1. HR Circle Knowledge Base
  2. Covid19
  3. Covid19 and testing within the company

Can employer's enforce Covid19 testing?

As a business you will of course want to keep your employee's safe and reassured, but can you make testing or checking for Covid19 symptoms mandatory?

To answer this question there are many factors to consider. We all want to keep the workplace as a safe environment for our employees and right now this is more important than ever. Click here to find out more about Covid19 Secure workplaces.

You can actively encourage members of staff to be checked for symptoms of Covid19, but not necessarily make this mandatory. A few key points to consider are:

  • Contracts with employees
  • Health and Safety requirements
  • Equality issues
  • Employment law

It is important to continue clear communication between you as an employer and your employees. If you are testing employees (or asking employees to take tests on a voluntary basis), you should be clear about what personal data you will require and how you will process this. 

Government guidance requires anyone with Covid19 symptoms to arrange a test. Full government guidance about Coronavirus Testing for Employers can be found here:  click the link

As an employer you have a duty to protect the health and safety of your employees. If an employee showing symptoms fails to follow an employer's instruction to arrange a test, there may be justification in disciplinary action being taken. However, you must consider individual circumstances and we recommend you seek specific advice. 

If an employee tests positive, they have a legal duty to self-isolate for at least 10 days. Click here for rules on self-isolating.

Employees who are required to self isolate should receive Statutory Sick Pay (SSP) which is payable from the first day of absence. It is worth noting however that anyone who has returned to the UK from abroad and has to quarantine is not entitled to SSP.

As further guidance and information are published by the government, the team here at HR Circle will be identifying practical steps for employers to take to keep everyone safe.

Note: It would be worth reviewing your existing policies and practices, which might include considerations for any clinically vulnerable employees, or sending a seasonal reminder about hygiene measures to prevent the spread of Covid19.

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Update: All companies registered in England, regardless of size, now have until 31 March 2021 to register for free lateral flow tests from the government by following this link.