Can an employer ask to see test results?

[b0rn2sk8]

Tricky one. It may be reasonable for them to see evidence of a negative test result so they can return to work as they have a duty of care to the rest of the workforce.

Could they insist or take disciplinary action? Probably not as there is a reasonable expectation that the employee is honest with the employer. If the employee is later found to have lied or concealed information then of course they can take action.

I certainly don’t think it’s reasonable for them to retain that evidence though.

 

[thenewoc]

Actually, if they started self isolation due to potential covid symptoms, then the employer has a responsibility to the other employees to ensure, as part of covid security, their safety.

An employer cannot allow someone with potential symptoms back to work without the self isolation period expiring or proof of a negative test.

So it isn't a matter of whether they believe him or not, it's a matter of proof of safety. The employee can decline to provide it, they are within their rights to do that, but that doesn't mean they can do so without risk of consequences.

Only it isn't proof of anything other than at a precise point in time you were negative, you could have caught it anytime since the test so it's pretty meaningless really.

 

[Begbie]

Only it isn't proof of anything other than at a precise point in time you were negative, you could have caught it anytime since the test so it's pretty meaningless really.

It reduces the chances though. If everything has odds and you were negative yesterday or that day, then the chances of being negative are higher than they are positive. Otherwise we'd just all be off work.

 

[thenewoc]

Tricky one. It may be reasonable for them to see evidence of a negative test result so they can return to work as they have a duty of care to the rest of the workforce.

Could they insist or take disciplinary action? Probably not as there is a reasonable expectation that the employee is honest with the employer. If the employee is later found to have lied or concealed information then of course they can take action.

I certainly don’t think it’s reasonable for them to retain that evidence though.

I doubt there's any provision in their contract to show such item other than a medical certificate after x number of days absence.

 

[mmj_uk]

You can be tested negative and contract it 5 minutes later not that anyone knows because any symptoms of a virus are non existent in most cases, not to mention the tests aren't even really reliable. I've said it before but all this track and trace rubbish is just mirroring the Chinese social credit system, over in China they have to show they are a person "in good standing" through a phone app to be able to travel and enter certain places. If they have been put on some government dissident list their freedoms and ability to attain work are severely restricted.

 

[thenewoc]

It reduces the chances though. If everything has odds and you were negative yesterday or that day, then the chances of being negative are higher than they are positive. Otherwise we'd just all be off work.

If a covid secure workplace was really covid secure it wouldn't matter

 

[Begbie]

If a covid secure workplace was really covid secure it wouldn't matter

Haha, good one.

 

[wesimmo]

Yeah, he's being deliberately difficult for no reason other than he thinks he can, I'd mark his card and be rid of him asap.

Morally he's wrong to avoid telling his employer what his status is, irrespective of the result or what he claims the result was.

He gains nothing from being difficult unless its dodgy so he's not the sort of person you want working for you.

 

[Dirk Diggler]

So, my.employer has requested a copy of the negative covid test results from a colleague. He has refused to provide them due to it being a private medical record. He is now facing a potential disciplinary if he continues to refuse.

Is this legal?

Is this a post and run? There's not much point in going into any kind of detailed response if you're just ignoring the thread.

 

[dowie]

Could it be he faked symptoms to get a few days off, took a "test" and it's negative but the employer doesn't believe him.

Quite possibly. I guess if they were blagging it and had taken time off/claimed a negative test... then were asked to provide it they could get defensive.

 

[Transform_IT]

Is this a post and run? There's not much point in going into any kind of detailed response if you're just ignoring the thread.

Lol... I don't sit on the forum all day!

Basically, he felt Ill, took a day off, felt worse so took a covid test. Notified our employer immediately so they could track any potentially colleagues he had been in contact with, allowing them to take control and monitor the situation. His result came back negative and took less than 48 hours. He notified work and they have allowed him back onsite, working... But have now requested a copy of his negative test result? Makes no sense to me...

 

[Stu999]

Yeah, pretty daft if he’s already been back in the office.

 

[Terminal_Boy]

Lol... I don't sit on the forum all day!

Basically, he felt Ill, took a day off, felt worse so took a covid test. Notified our employer immediately so they could track any potentially colleagues he had been in contact with, allowing them to take control and monitor the situation. His result came back negative and took less than 48 hours. He notified work and they have allowed him back onsite, working... But have now requested a copy of his negative test result? Makes no sense to me...

They want to check that he didn’t pull a Covid sickie. Possibly because they suspect others already have.

 

[Dirk Diggler]

Lol... I don't sit on the forum all day!

Basically, he felt Ill, took a day off, felt worse so took a covid test. Notified our employer immediately so they could track any potentially colleagues he had been in contact with, allowing them to take control and monitor the situation. His result came back negative and took less than 48 hours. He notified work and they have allowed him back onsite, working... But have now requested a copy of his negative test result? Makes no sense to me...

You're colleague is being completely unreasonable IMO.

 

[Hotwired]

Maybe they want proof he followed good procedure so they can say they (the company) have proof of following good procedure.

I'm on the side of wtf is the problem in showing the test. The employer is legally bound to not abuse the data or share unreasonably.

Of course there's a large problem if he has no negative test to demonstrate.

 

[Pudney]

Maybe the answer isn't so straightforward?

http://www.wardhadaway.com/covid-19...m-to-disclose-evidence-of-their-test-results/



and another one



I would say the reasons of public health would be enough for the business to have the right to the test result?

Justification would be for the purposes of workplace Health & Safety laws. Would be fairly easy to argue I'd imagine.

 

[thenewoc]

If someone was trying to pull a sickie, surely they'd use some other reason than Covid-19, unless you're terms require a medical cert for very short spells.

 

[Joeyuk]

I honestly can't see why you would show it if asked. I understand maybe some normal medical records but this is nothing.

 

[adam cool dude]

it’s a negative result hence they would be seeking to return to work ?

in any case ‘if’ they have symptoms they still have to isolate whatever the results

I am not sure but when I did a test last April I had symptoms and came back negative. I had to miss a day's work and was able to return when my test came back negative. Not sure if it has changed as nice then.

 

[Kenai]

If he's already back in the office then it's probably just arse covering so if loads of people get ill next week and colleagues start pointing the finger at this guy and why he was allowed to return to work, they've got more than just his word for it that he genuinely tested negative.