HIV testing and employment
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At recruitment?

There is no law to stop employers asking for an HIV antibody test as part of a company medical for all new recruits. But employers and/or company doctors must obtain your consent to be tested for HIV antibodies.

Does the employer have the right to know the test results?

No. Not without your permission. But, an employer can refuse an offer of employment if you refuse to give permission for the test or disclosure of the results. In addition, employers can also refuse employment if a test has been taken and showed positive. As with dismissal, there is a potential case for male job applicants to claim indirect sex discrimination if they are refused employment because they are HIV-positive. To date, this has not been tested in law.

Once employed?

The only way that an employer can insist on existing employees being tested for HIV antibodies is if the initial terms and conditions of service stated that this would be the case for the employee. Otherwise the employer is liable to claims of constructive dismissal, a claim for damages, breach of contract or wrongful dismissal.