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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73810
Experience:  Qualified Solicitor
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I got question about human rights ,and mandatory testing for

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Hi I got question about human rights ,and mandatory testing for covid at work
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes they told me is mandatory and I have to do and no matter if I will have exemption from doctor due my depression
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Im employees work around 2years and 4m
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I suffer depression due work and suffer a lot billing at work

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What is the nature of the work you do please?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 days ago.
Hi
Customer: replied 9 days ago.
Yea please
Customer: replied 9 days ago.
No I prefer to write I don't want fon call , just something press accident
Customer: replied 9 days ago.
Please can you refund me the £44 I have not requested any phone call for £44
Customer: replied 9 days ago.
Are you there?
Customer: replied 9 days ago.
I have not accept anything please refund my £44

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with. Please contact customer services to cancel the call and request a refund by following the link below:

https://www.justanswer.co.uk/help/how-to-request-refund

In the meantime, please provide the information requested so that I can assist

What is the nature of the work you do please?

Customer: replied 9 days ago.
Support worker chellangin behaviour ,at support living

Thank you. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

No one can force you to take a test and in the end whether you do so is going to be up to you. However, if you do not do so, the employer can potentially take further action, such as refusing to allow you to work there, changing your duties, limiting what you can do and who you have contact with, or in the most serious of cases – dismissal.

Of course, dismissal is something that should only be considered if absolutely necessary and there are no alternatives. So they could potentially look at providing you with extra PPE, changing you duties or location to avoid contact with others and so on.

Another consideration is whether your disability actually prevents you from taking a test. I appreciate you have depression but how does that affect your ability to get tested? That is what you need to think about when arguing your case.

If you have solid grounds for which you cannot get tested due to the depression, you can remind the employer that they have a duty to make reasonable adjustments and one of these could be to do with allowing you to not be tested. But they can potentially use health and safety grounds as a reason not to offer that.

Finally, you can consider making an official complaint with them if you cannot get this resolved. This is done through a grievance. You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.