Posted By Martin Taylor
What is the legal position regards employees refusing to undertake medical examinations.

We have some employees working in noisy environment refusing to undergo medical examinations - and forklift drivers refusing medical exams to meet the requirements of HSG6

My view is that our first line would be to remove the employees from any work that requires medical e.g. take them from noisy areas and take them of forklift driving

If there are no suitable alternative duties then it would be reasonable to terminate their contract.

I believe that there an unwritten element in every employees contract that they will co-operate with their employer in discharging their legal duties and failure to do this amounts to breach of contract.

Views and comments please.

Martin

Posted By Kieran J Duignan
Martin

If you are minded to take reinforcement action, you're best advised to check relevant details on discipline and dismissal both with the terms of employees' contracts and the relevant procedures detailed on the ACAS website.

Unless you take care to record openly their stated reasons for not taking the safeguards, you may find that you're obliged to spend a lot of time and money doing so in tedious detail through a tribunal or other court.