Medical tests

The EAT has held that random tests for drugs do not necessarily contravene the Human Rights Act 1998 provided that the contract includes a provision on testing and the employer can show that there is a public interest (for example a health and safety issue) which necessitates the testing.

* O'Flynn v Airlinks the Airport Coach Co EAT/0269/01

An employee who refuses to be examined by a doctor selected by the employer can have occupational sick pay withheld. The EAT has ruled that an employment contract could be interpreted to require the employee to conform with the requirement to be examined in return for the right to receive sick pay.

* Stirling & Mair v Meikle EAT/27/02