Solicitor, Elizabeth Maxwell from our Employment team speaks to HR Magazine about use of polygraph tests in employment disputes and whether they are admissible in courts and tribunals and the implications of if an employee refuses a test.
Polygraph tests already play a major role in investigations in the US and in recent years have started to be used in the UK, usually in criminal investigations. Now employers are finding that these tests are useful tools in investigations relating to dishonesty, deception or the theft of confidential information.
Polygraph testing records activity in the nervous system of those undergoing the test. The nervous system – said to be largely outside our conscious control – reveals a stress reaction that can be measured by skilled examiners. Once attached, the test monitors the physiological changes occurring in the body as questions are asked. Sensors are connected to the individual’s chest, arm and fingers, which detect changes in breathing, cardiac response and hand movements when a lie is told.
The full article is available online, first published by HR Magazine on 6 June 2017: Legal lowdown: Polygraph testing