4th March 2010, 11:04 AM
" I'd be curious to know if anybody knows what the legal standpoint would be if an individual either refused to be tested or failed a test by the main contractor but was not in breach of the contract they had signed with the archaeological firm they were working for? Could the archaeological firm legitimately terminate your contract?"
No - not directly. They would have to argue that, due to your personal circumstances, you were unable to do tasks asigned to you (ie work on sites with mandatory testing). If this were claimed and a tribunal was to be avoided, then before termination the company would have to demonstrate that they had made reasonable efforts to alter work given, or that such alternatives did not exist.
No - not directly. They would have to argue that, due to your personal circumstances, you were unable to do tasks asigned to you (ie work on sites with mandatory testing). If this were claimed and a tribunal was to be avoided, then before termination the company would have to demonstrate that they had made reasonable efforts to alter work given, or that such alternatives did not exist.