- The UK General Data Protection Regulation (UK GDPR) imposes strict requirements on organisations around the security of, and transparency about, the personal data that they process and you will need to fully familiarise yourself with these requirements and ensure that you comply.
- Testing and the results will be health data and as such “special category data” requiring adherence to very strict data processing and protection.
- We suggest that, before you go any further, you check out the ICO website to fully understand what your obligations are https://ico.org.uk/global/data-protection-and-coronavirus-information-hub/coronavirus-recovery-data-protection-advice-for-organisations/testing/
- The Government has also issued guidance for employers on workplace testing and you can check it out here https://www.gov.uk/government/publications/coronavirus-covid-19-testing-guidance-for-employers/coronavirus-covid-19-testing-guidance-for-employers-and-third-party-healthcare-providers
So how do I implement testing in my business?
Right! You’ve read the Government’s guidance, checked out the Data Protection and GDPR implications and decided that workplace testing is for you.
Next, you’ve put in place all of the appropriate polices and safeguards and you’ve sourced appropriate testing kits.
The key to successfully implementing this testing regime will be communication and conversation with your employees; talk to them, listen to and address, any concerns they may have. If someone has genuine and reasonable grounds for not taking the test and you agree, you may decide to exempt them.
In certain circumstances, using your existing disciplinary policy and procedure, it may be open to take disciplinary action against an employee who refuses a test, but this would depend on factors such as the nature of the employee’s work and any evidence on the necessity of testing in the particular environment; we’re here to help so maybe a call to us before you do so would be helpful as these can be challenging conversations.
What test do I choose?
If, after all that, you want to find a test for your business, rapid test kits are available from a number of suppliers and at various costs; it is up to you to thoroughly research options before making a purchase. That said, as you know, we engage with Barrister Daniel Barnett and he has researched some of the suppliers and recommends the following supplier https://rapidantigentestkit.co.uk although on checking today they are currently out of stock, but we thought we’d mention them anyway. Some Companies are offering commission for recommendations, please be assured we are not on commission and neither is Daniel.
And a footnote
The rules relating to entering the UK change on Friday 15th January 2021
- all international arrivals to England, including UK nationals, required to present a negative COVID-19 test taken up to 72 hours prior to departure
- passengers will be subject to an immediate fine of £500 if they fail to comply with the new regulations on pre-departure testing
- all passengers arriving from countries not on the government’s travel corridor list will still be required to self-isolate for 10 days, regardless of test result
- passengers will still be required to fill in a passenger locator form and be subject to national lockdown restrictions
Full details are available here https://www.gov.uk/government/news/mandatory-covid-19-testing-introduced-to-bolster-border-measures
Our Support and Advice
Please do talk to us if we can help in any way, we are here to support you.
Guidance and support
We are constantly updating and adding to our Coronavirus Dropbox. Support for getting your business going is available through our Advice Line Services.
Please note, this briefing is accurate at the time of writing and intended as guidance, it is subject to change as the COVID-19 and Government advice changes; it is not intended to replace advice so please do call us if you have any queries.
