Stop and search

[BR36]

Son works at a well known UK retail outlet and their recent stock take highlighted a significant stock loss. The store (in isolation from all its other stores) has now introduced a search procedure at the end of each shift, including body pat down and private car search. Son has reluctantly agreed to the personal search (no contracted right from the employer to carry this out) but he’s stood his ground on searching his car as he feels that’s a step too far. He suggested to them that they call the police and he’ll be happy for them to search it if they feel that strongly about it. Any thoughts on the legality of a unilateral decision to implement this policy?

[ULA]

Firstly was there ever a clause in your son's contract about personal search and car? I would suspect from what you have said this is not the case.

How much notice was your son given that this was going to happen?

Have the people carrying out the searched been given training, are they carried out by a same sex individual and are they carried out in private not in front of other employees?

I can appreciate why the company has considered that such a "policy" is required but the approach they have taken to introduce it, in my opinion is not correct.

[BR36]

Nothing in his contract but they all agreed to the ‘personal’ search when it was first proposed. Car search was announced out of the blue at the close of business on Saturday so he refused on that occasion and suggested they call the police to check if they suspected him if something. Managers do the checking but aren’t themselves checked. No formal training for those searching and I don’t think they only ‘pat down’ the male staff as there’s no female senior person there.

[ULA]

My view as I have said earlier is that the policy has not been implemented correctly, however your son as agreed to the personal search. However the search of his car could infringe his right to respect for a private life under Article 8 of the European Convention on Human Rights albeit this is not directly enforceable against a private employer.

Not sure if this helps.