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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
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Can an employer legally ask employees to take a breathalizer

Resolved Question:

Can an employer legally ask employees to take a breathalizer test during working hours? If they are a barman
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello does the contract say they can be asked to do this?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
The barman is found to be under the influence of alcohol whist working or even befor starting work.
Could this lead to dismissal.
Expert:  Ben Jones replied 1 year ago.
How long has he worked there for and are yo the employer?
Customer: replied 1 year ago.
4 years
Customer: replied 1 year ago.
I'm I going to get an answer tonight or do I have to wait longer
Customer: replied 1 year ago.
I don't want to call please
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. Health data constitutes sensitive personal data under data protection laws and as such the employer can only really obtain it where this is necessary in order to perform any rights or obligations imposed by law. However, even if the data may be processed lawfully, the employer still has to consider whether it has the contractual right to require the employee to undergo such a test. If not, an ad hoc request may be made but it is not clear whether it would be reasonable for the employer, for example, to dismiss the employee for refusing to undergo such a test. So in reality the employer would need either the employee’s consent or a specific contractual right to do this, otherwise the employee cannot be forced to take such a test and dismissal for refusal to do so is likely to be unfair. That does not prevent a dismissal based on whatever evidence is already available, even if the breathalyser test is not carried out. There are certain steps which must be followed for that to happen though. This is your basic legal position. I have more detailed advice for you in terms of the dismissal procedure required by the employer, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Can I first check if you are the employer or employee?

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