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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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What are the current laws regarding medical examinations and

Resolved Question:

What are the current laws regarding medical examinations and employment?
Can a UK Corporate hiring company request a medical examination as part of the hiring process?
Can they ask for future consent of medical examinations and results as part of the onboarding process?
Thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

it is certainly possible for a company to request a medical examination as part of the criteria in the hiring process. This is not really something that is covered by law though – the company is free to request whatever they want as part of their requirements for a job – they are the ones providing the job and as such they have the right to choose what requirements there would be for that job and if they believe that a medical examination is needed they are entirely within their rights to request one. They can also ask for future results if they wanted to – again that is their own requirement and if they feel it is necessary they can request that – the company does not owe candidates a job and if the candidates do not meet the criteria set out by the company they do not have to be treated fairly in being given or even considered for a job.

Customer:

Hi Ben,

Customer:

How about future requirements to see company appointed doctors? Does this not seem like a violation of privacy? From what you are saying it seems all %100 percent within law

Ben Jones :

this is a common term, an employer can ask employees to see Occupational Health if there is an issue that affects their work - so I am not surprised if such a term exists. Of course if there is a serious doubt over their diagnosis or recommendations then you can ask for a second opinion and perhaps back things up with evidence from our own doctor but as a first step the employer can ask you to see an occupational health specialist nominated by them, they still need to act independently though, hey have a professional duty to do so

Customer:

to clarify - even without the term an employer can ask for this legally? Now should we be deffrenciating betweenn

Customer:

eee

Customer:

should we be seperating occupational health from a regular doctor?

Ben Jones :

OH are also regular doctors that provide a separate service so an OH specialist would still be a doctor in the traditional sense

Customer:

Great.. thanks very much for service

Ben Jones :

you are welcome

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