We have a contractual right to refer employees to medical examination – but can they still refuse to go?Posted in : First Tuesday Q&A NI on 2 June 2010
If an individual's contract contains an express right for their employer to require them to undergo a medical examination and for any subsequent report to be disclosed, the individual will be in breach of contract if they refuse to comply.
Assuming that the request is reasonable and proportionate in the circumstances, the refusal will amount to misconduct (refusal to carry out a reasonable instruction) and form grounds for disciplinary action. In pursuing any disciplinary action an employer should remember to follow a fair procedure.
In attempting to demonstrate a reasonable request and a fair procedure, the reasons for the employer's request and the attempts it has made to obtain consent
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Back to Q&A's This article is correct at 02/09/2015
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