Pre-employment health checks and questions
In Cheltenham Borough Council v Laird  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  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.
Employment law cases: HR and legal information and guidance relating to pre-employment health checks and questions.
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