Q: My employee won’t do his Health and Safety Certificate touch-screen test. Is this a sackable offence?
Aug 29 2010
Answered by: Peter Done Ask a question
In effect the CSCS card became a mandatory requirement for all workers within the construction sector for 2010 and the CSCS test is a compulsory element for obtaining this card. If your employee works in an area where this card is a requirement then he has to take this test to continue working.
You need to ask him if there are any reasons why he won’t take the test. You may find that he has a problem with reading and needs some adjustments to allow him to take it. He also may be nervous about it and may need to take a mock test or have some brief training just to reassure him that he can pass this test.
However, if he has no valid concerns about this test but just won’t take the test then you need to tell him that this is a direct management instruction, a statutory requirement and a health and safety issue. If he will not take the test and so does not obtain his card then you will have to consider dismissal on the basis of refusal to follow a direct management instruction, breach of health and safety and that allowing him to continue working would be against the law.
If he still won’t take the test then you call him to a disciplinary hearing. If he cannot give you any good reason for not taking this test then you have the option to dismiss him although you can consider giving him the option of a warning and moving him to another role which does not require him to take this test.
Comments