pat down by employer

[seduraed]

Hi there beagles , my stepson is about to start work as cleaner at Home sense for a Company called resource. This is part time work . the employer want to pat him down on a daily basis to see if he has stolen anything . Is this legal , is this proper ?

[des8]

Re: pat down by employer

Answer from justanswer.com

It is not illegal to have a daily bag search or even search the employees themselves. What is important is to have a clear and specific policy on this or have this right detailed in the employees' contracts. There are some workplaces where daily searches would be justified, for example if the employees are always exposed to stock or money and there is a need to control that by conducting these searches.

You can read in more detail about this matter here:

http://www.personneltoday.com/articles/03/07/2007/41297/legal-q.htm

[bluebottle]

Re: pat down by employer

There are premises where personal searches are routine and backed by legislation. These include premises where -

a. articles subject to excise duty;
b. explosives;
c. munitions;
d. articles subject to the Public Stores Act;
e. controlled drugs;
f. drugs subject to the Medicines Act (prescription-only);
g. radioactive materials

are manufactured, processed, stored or kept. This list is not exhaustive.

Other places where the personal search provision applies are places where coins, being legal tender, are struck, and banknotes, being legal tender, are printed.

I have noticed that the legal profession cannot seem to agree about the legality of searching of employees, that is, some consider it lawful whilst others do not. If you could describe what is kept at Home Sense, this might give some indication as to the lawfulness of personal searches by an employer. Simply because an employer includes a clause in a contract to perform personal searches on employees does not, in itself, mean that the employer can do so or that such clauses and searches are lawful.

[seduraed]

Re: pat down by employer

home sense are general household and furniture, store. As far as am aware there are no food medicines or similar products on the premises .

[wales01man]

Re: pat down by employer

He can refuse, He can lose the job?

whats the problem are the others there subject to the same?

[charitynjw]

Re: pat down by employer

In a contract of employment there is (or should be) an implied term of trust & confidence; it is a mutual duty.

.....the parties to the contract should not, without reasonable & proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence & trust which should exist between employer & employee.
(Tolleys Employment Handbook).

also Eastwood v Magnox Electric plc [2004] UKHL 35, [2004] IRLR 462

[bluebottle]

Re: pat down by employer

Two questions I would ask -

1. Does the employee have the right to refuse to submit to search? and
2. Are there sanctions, e.g. dismissal, for refusing to submit to search?

In law, a person cannot consent to an assault on their person, which is what a personal search amounts to, in law. The police and certain other law enforcement personnel, e.g. customs officers, can carry out a personal search, which are backed by legislation.