Whilst the pandemic continues members may be asked to take a Covid-19 test and/or complete a health questionnaire prior to undertaking an engagement.
Please bear in mind the following points:
- There is nothing in law preventing an engager from making such requests as part of a contract.
- Whilst a test can demonstrate additional risk mitigation, it cannot guarantee the associated engagement will be Covid-free, unless every participant is tested and remains in isolation between that time and the engagement.
- The NHS, or Private testing company may need to ask for pertinent health information (“special category data”) in order to carry out a Covid-19 test. However, any request from a Production Company must adhere to relevant employment, equalities and data protection law and seek Explicit Consent as detailed in GDPR Article 9(2)(a) in order to ask those questions about your health.
- Ensure you obtain clear information if being asked to take a test. You should be given all necessary assurances and details of how your data will be managed.
- Members should not otherwise be asked to divulge any information regarding the 9 Protected Characteristics defined in the Equalities Act 2010, which are – age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief, sex and sexual orientation.
- Most companies have a budgetary allowance to assist in helping fulfil their requests for testing. The MU would expect anyone being asked to take a test to benefit from assistance towards any out of pocket expenses / travel etc. AND any travel whilst Covid-19 pandemic continues should be via a safe method of travel. Avoid public transport where possible.
You may also find these resources useful:
If you have any concerns regarding a test you have been asked to undergo or a health questionnaire you’ve been asked to complete, please contact us for further advice and assistance.