Legal advice - Can a company fire you for not agreeing to be tested?

[CovidLandSatire]

 

I work for a health care provider, supporting people with learning disabilities. I have been asked to take the PCR-test on a weekly basis, but I am refusing. They have cited my duty of care and health and safety regulation, but I am arguing that stating that I am not complying with these by not taking the test is subjective. The conversation is ongoing, but I have been threatened with 'disciplinary action' and to be 'removed off shifts' so far. I have asked for clarifications in writing, are they saying they will not pay me, are they saying this will result in dismissal... but have not received this clarification yet. Any legal advice? I would argue that the mere threat is unlawful... When it comes down to it, they will probably argue they are bound by Public Health England, and I'd probably be wasting my breath talking about science, the lack of consensus, the clear suppression of science etc., so I really just want to focus on the contractual side of things... I know legal teams have helped people win cases with their employers over masks etc., I'm just curious if anyone knows where I could turn to to start getting this kind of legal advice? Thanks!

[Duewy]

Unfortunately "human rights" are a thing of the past.

Yes you have the right to refuse but under the blanket of fear in today's society the business has the right to relieve you of duty sighting public safety.

Ten years ago you may have been successful in a court of law but in these socialist times no judge would dare stand up against the masses.

 

I feel for you and I understand your predicament as I faced the beast a few years ago and lost, I lost a lot.

 

Good luck with your dilemma 

[Pjred]

As far as I am aware, you can request a saliva test or an aerosol test if you don`t want the invasive pcr test ( which is neither use nor orniment) 

No-swab saliva test

Patients can do this test at home by collecting about two millimetres of saliva into a sample pot, then sending it off to a laboratory.

The sample gets tested using LAMP technology in a lab and the result is then texted to the person.

It still takes about 48 hours but there is no need for a patient to leave their home or stick a swab down their throat or up their nose.

[rideforever]

According to this they cannot force you:
https://www.peoplemanagement.co.uk/experts/legal/can-employers-enforce-tests-for-covid-19

 

Unless the Government issue specific guidance that employers can force you to have a test then you are covered, and I would simply tell them the same thing.  Say you are unaware of any Government guidance to force employees and if they had they would have provide very specific guidance saying so.   Just general PHE nonsense does not cover it.

 

Because it is a huge violation of your rights, it would have to be specific Covid Notice coming from the Government saying yes you can force employees to do it.  Otherwise you are covered by many other laws to protect your rights.  Tell them you are unaware of any specific legislation or guidance to that effect.

 

If there is no such legislation then removing you from shifts is constructive dismissal ... i.e. they are trying to fire you in an illegal way an they can be sued for it.

 

If you have a 12 month contract then on the renewal of it they may insert it into the contract, and you might have to speak to a trade union about it.  Perhaps speak to them anyway they are supposed to represent you.

 

Anyway, you probably like your job and you are in an industry of psycho-sheep and fear (which by the way is not very good for health) so ....  I would just keep ignoring them for another 6 months after that see what the situation is. 

Edited March 12, 2021 by rideforever