Search of male by female staff member

[seduraed]

My son works as a cleaner in homesense store. #The contract allows for searches of staff . However on a sunday the only senior member of staff is female and a manager he has issues with (she's told him he smells in front of other staff) and wants a search done by a male member of staff . What are his rights?

[Amethyst]

Re: Search of male by female staff member

If he refuses a search he does have the right to do so and withdraw prior consent given by signing his contract, however that could be taken as a breach of contract and disciplinary procedures may be implemented.

Has your son made a complaint against his manager for the personal comments ?
Does he feel the search is inappropriate in the manner that it is carried out ?

[MissFM]

Re: Search of male by female staff member

Well... if it were the other way round there would be an outcry, wouldn't there?:tinysmile_aha_t:

[Tools]

Re: Search of male by female staff member

Any stop and search procedures are usually written into contracts , this way the employer is covered .

If it is in his contract that the employer operates a stop and search and you accepted it then if you refuse then you may be open to disciplinary procedures .

General stop and search when the employer has no clue who has if anyone committed the theft should be carried out on all employees on that shift including management , only if the employer has specific evidence should it be restricted to a certain employee , and if it is specific evidence then most employers will have the Police present.

Any employee even if they have consented to stop and search via their contract has the right to have another employee present, they also have the right to refuse and request that the management call the Police to carry out a such a search on them , they also have the right to refuse completely.

The employer of course has the right to request the employee remain on the premises whilst they call the police if the employee refuses a search.

The gender is not relevant as no employer has the right to do any type of intimate search, this can only be carried out by Police . If he feels he is being singled out for no reason he should submit a grievance for harassment/bullying against the Manager.

[geoffrey]

Re: Search of male by female staff member

I Homebase permit females to search a male then they must also permit males to search females or it is gender discrimination.

[CleverClogs]

Re: Search of male by female staff member

Well... if it were the other way round there would be an outcry, wouldn't there?:tinysmile_aha_t:

One can certainly imagine a female protesting about being probed by a male member.

[seduraed]

Re: Search of male by female staff member

Thank you lll for your advice. The search incidence is related to other incidents that may be bullying . These are not only of my son but also of staff directly under her at the store. Strangely enough, no member of staff working in this store stays long, none more than 2 years . my son has had a meeting with his area manager , she has given him an incident book so that he can log anything that happens . At our end I have advised him not to leavethe book anywhere but always carry it with him. as 1) It may conveniently disappear. 2) If the said ananger knows about the log she will be on her best behaviour when he is around . 3) Some of the data gathered may be covered by data protection and should not be available for all and sundry to read .