Can I say no to employer medical examinations?

I have the job of my dreams. However, the company subjects every new employee to medical examination despite it being a desk job. Isn’t this illegal? Doesn’t one have a right to say no to compulsory medical examination and still get a job? Gina

Dear Gina, if you are being asked to undergo a medical examination, it means you have done well in the recruitment process and you have been given a conditional offer of employment. Asking you to take a medical examination is not illegal provided you have been given a conditional offer.

In addition, it may be a requirement of the organisations processes and policy. All employers must manage risks including risks associated with their employees and in this case, it includes managing employee health and well-being.

By asking you to undertake a medical examination, your employer is conducting their “due diligence”, to make sure they are prepared for any possible health issues that may arise while you’re in their employment. This information will inform how they can then provide staff with a working environment that will not cause you to be ill and affect your ability to do your work.
Also, it’s very likely that your medical information will be required for an employer supplied medical insurance scheme.

I would advise against saying no to the health check, in fact you’ll have more to gain by undergoing the check. I’m of the view that a good and fair employer will not refuse to employ a person based on their medical tests, especially if the tests reveal issues which are unlikely to impact the performance of the job holder.

Medical issues will be flagged, and you’ll be advised on how they should be managed. If you agree to have the medical examination, please be assured by the employer, that your results and information will be treated with strict confidentiality.

Caroline Mboijana, managing director -Leadership Team (U)