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is it legal



rigton70

Well-known member
Jul 5, 2003
973
to search someone at work.

where i work somebody as been contaminating the products that we produce.

so the bosses have decided to do pocket checks but they dont physically search us however i have heard as from monday they plan do.

surely this is illegal or against my rights

thanks for any help or links


also they searched everybodies locker without there permission is this a invasion of privacy (not to bothered about this one as i dont have a locker)but wondered like
 




Kinky Gerbil

Im The Scatman
NSC Patron
Jul 16, 2003
58,590
hassocks
I know you cant watch cctv cameras unless you know that the person has done something.
Im sure you can refuse to have your pockets search
 


rigton70

Well-known member
Jul 5, 2003
973
kinkygerbil said:
I know you cant watch cctv cameras unless you know that the person has done something.
Im sure you can refuse to have your pockets search


oh forgot about those there putting them up all over the workplace
 




n1 gull

Well-known member
Jul 25, 2003
4,639
Hurstpierpoint
Years ago I used to work at Our Price in Brighton and they would do spot searches without any warning.
Bloody scary, they'd lock us in the shop then search us one by one as we left.
 




maffew

Well-known member
Dec 10, 2003
8,961
Worcester England
my guess is that you could only be searched if it was stipulated in your contract/staff handbook that this was company procedure. otherwise they should surely have to have some suspicion/evidence that its you and then have to call the police to search you. could be wrong though
 


Wardy

NSC's Benefits Guru
Oct 9, 2003
11,219
In front of the PC
They can only search you if you agree to it. If not they can call the police and have them do it. Unless it is in your contract that you have to alow them to search you.
 


rigton70

Well-known member
Jul 5, 2003
973
Wardywonderland said:
They can only search you if you agree to it. If not they can call the police and have them do it. Unless it is in your contract that you have to alow them to search you.

are you 100% on that because i need to gather as much information as possible

is there any sites where i can verify anything

also what about the locker search
 




Wardeywonderland's explaination of searching rights is correct. Regarding locker searches, I believe an employer does have the right the basically break open a locker should they suspect it's use is for storing "contraband" etc. I stand to be corrected, but from memory I believe that to be the case. Technically, they own the locker and it's on their property. Having said that, any employer with half a brain would have at least one witness plus the lockers owner present when doing a search otherwise they would leave themselves open to "planting". Do you have a trade union where you work? At my place of employment the policy is whenever a locker has to be broken open that a Union rep plus mananger or supervisor are present with the owner. In the twelve years I've worked there, it's happened once though. We're an honest bunch! :)
 


rigton70

Well-known member
Jul 5, 2003
973
Zeitgeist said:
Wardeywonderland's explaination of searching rights is correct. Regarding locker searches, I believe an employer does have the right the basically break open a locker should they suspect it's use is for storing "contraband" etc. I stand to be corrected, but from memory I believe that to be the case. Technically, they own the locker and it's on their property. Having said that, any employer with half a brain would have at least one witness plus the lockers owner present when doing a search otherwise they would leave themselves open to "planting". Do you have a trade union where you work? At my place of employment the policy is whenever a locker has to be broken open that a Union rep plus mananger or supervisor are present with the owner. In the twelve years I've worked there, it's happened once though. We're an honest bunch! :)

we have no trade union

but they were legally correct to search though ok thank you

so i can refuse a search from my employer then (they need police)

if i am sent home from work then i will lose pay how can i re-claim my money then like i said IF
 






Marc

New member
Jul 6, 2003
25,267
rigton70 said:
where i work somebody as been contaminating the products that we produce.

so the bosses have decided to do pocket checks but they dont physically search us however i have heard as from monday they plan do.


and whats the person gonna do now? hide/destroy all evidence by monday so he/she wont get caught :shootself
Seems like the Management just wanna pick pocket for loose change to me!
 


Bob!

Coffee Buyer
Jul 5, 2003
11,494
In my contract, the company have the right to search.

I have the right to refuse to be searched, however that could be construed as Gross misconduct, and may result in disciplinary action which may include dismissal.
 
Last edited:






rigton70

Well-known member
Jul 5, 2003
973
Re: Re: is it legal

CrabtreeBHA said:
and whats the person gonna do now? hide/destroy all evidence by monday so he/she wont get caught :shootself
Seems like the Management just wanna pick pocket for loose change to me!

must point out to you i work with food and glass is being found in products but its been happening for a few weeks now


all i want to know is where i stand on being searched which has been answered
 




Bob!

Coffee Buyer
Jul 5, 2003
11,494
BHA links said:
In my contract, the company have the right to search.

I have the right to refuse to be searched, however that could be construed as Gross misconduct, and may result in disciplinary action which may include dismissal.


Have you checked your contract and/or handbook?

If you have a grievance have you spoken to your line manager?
 


Marc

New member
Jul 6, 2003
25,267
Re: Re: Re: is it legal

rigton70 said:
must point out to you i work with food and glass is being found in products but its been happening for a few weeks now


all i want to know is where i stand on being searched which has been answered

if you've got nothing to hide then dont worry about it, if you start up a whole "you have no rights to search me" then the management will think "thats the culprit!"

go along with it and dont worry, personally if people are putting glass into food then I'm all for a pocket search at your workplace...then severe beatings when the person responsible is found!
 






rigton70

Well-known member
Jul 5, 2003
973
Re: Re: Re: Re: is it legal

CrabtreeBHA said:
if you've got nothing to hide then dont worry about it, if you start up a whole "you have no rights to search me" then the management will think "thats the culprit!"

go along with it and dont worry, personally if people are putting glass into food then I'm all for a pocket search at your workplace...then severe beatings when the person responsible is found!

i have nothing to hide but i do not want my rights violated by my employer

as for putting glass into food it could also be delivered to us already contaminated as we use a vast range
 


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