In Cheltenham Borough Council v Laird [2009] IRLR 621 HC, the High Court dismissed claims that a former employee had fraudulently or negligently failed to disclose information about her health in a pre-employment questionnaire. She had answered the questions accurately and truthfully, and as a reasonable lay person with her medical history would have answered them.
In X v Commission of the European Communities [1995] IRLR 320 ECJ, the European Court of Justice held that, under the European Convention on Human Rights an individual has the right to refuse to undergo a medical examination, and that this right must be respected.
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Employment law cases: HR and legal information and guidance relating to pre-employment health checks and questions.