Rights at work

**david173** · 9th March 2007, 13:56

Hey guys, just a general question if anybody knows, just got back from a nice fortnight in Tenerife and found things have went a bit nuts at work. Im still workin in a garage at the moment, there was a huge loss on a recent stocktake and the upshot is the staff are accussed of theft. Anyway, they are implimenting a new policy where every staff member will have one random search done on them per month, and this includes your person, locker, bags, and VEHICLE. I think this is out of order, and i can't believe in a world of mad human rights and compensation for criminals that my boss can go outside and demand to search my personal car. Its almost like searching your house IMO. I don't mind the searches as I've nothing to hide and it might catch guilty parties out, but its the principle. Anybody know about the law regarding this sort of thing? and all opinions welcome

**blr123** · 9th March 2007, 14:05

We have similar thing at our work.....it's been standard prctice for the 30odd years I've worked there although the searches are random more than targeted.

Also where there has been theft it has been know for houses to be searched aswell, this was done in the company of the police, and dismisals have followed.

As for the car I suppose if it's on company property and there is evidence of theft then they may well be within their rights to "ask" if they can search your car.....you can ofcourse refuse.

Also ALL searches being carried out MUST be with the owner of the car, locker etc in attendance.

For the most part the above are my experiences at work and the rest are my thoughts.

Bryan

**AJA** · 9th March 2007, 14:05

I'm sure that if the car is parked on your employers premises then he/she has the right to 'ask' to search it. It is however a difference in your terms and conditions of employment and a new contract would have to be signed by both parties, I'm sure.

**Spikey©** · 9th March 2007, 14:07

The only people that can search your person legally are the police. Anyone else that touches you without your permission is committing 'battery'. If the lockers belong to the company, then they have the right to search them.

**david173** · 9th March 2007, 14:13

Well that was my reasoning, the lockers are theirs and u wouldnt really have anything in them that wasn't work related. But i could have all sorts of embarrassing or personal items in my car! (Not that i do lol) if they ask i'll refuse, they can't make me open it i suppose.

**r.bailey63** · 9th March 2007, 14:13

In order to have a right to search anything, they must have first detailed this in either your contract of employment or your employees handbook. As for searching your person, they dont have the right to physically search you but normally have the right to have you empty pockets etc. As you work in a garage you could always contact the MVRA for more advice.

**Spikey©** · 9th March 2007, 14:20

Originally Posted by r.bailey63

In order to have a right to search anything, they must have first detailed this in either your contract of employment or your employees handbook. As for searching your person, they dont have the right to physically search you but normally have the right to have you empty pockets etc. As you work in a garage you could always contact the MVRA for more advice.

They can ask you to empty your pockets as they can ask you to submit to a body search, but you do not have to comply. If it's in the contract that you have to submit, then they are in breach of the law. I'm exactly sure where the ruling lies on cars as this was always a dodgy area as it is your personal property there is no automatic right of search, however I believe that a company can refuse entry of a vehicle to it's premises unless it undergoes a search, but not 100% sure on that.

**Jamie** · 9th March 2007, 16:43

I'm not clear on this exactly, but I know some people who can help.... give ACAS a call, theres a helpline number on their website: http://www.acas.org.uk/index.aspx?articleid=301 .

They should be able to give you all the help/advice/support that you need.

**Bainie** · 9th March 2007, 16:52

I have always worked in places where they have the right to search, and I have had to do the searches on occasions. It is in the company handbook and new employees have to sign to say they have read and accept the conditions. As it has been a way of life for me I have no issues, after all why would you take something to work that you didn’t want your employer to see. If they wanted to search my car I would let them as well, I can’t see any harm in it. Imagine how much pilfering would go on if people couldn’t be searched !! I have been tipped off and found cash in a locker but I could not prove, or even allege it was stolen even though it matched a missing amount !!

**SelbyVX** · 9th March 2007, 17:02

The only people that can search your person legally are the police. Anyone else that touches you without your permission is committing 'battery'. If the lockers belong to the company, then they have the right to search them.

Not quite correct. The company can make the search a condition of employment. Its your choice, agree to searches on works premises or look elsewhere for work.
As for lockers belonging to the company. If its not a "condition of employment" search as described above (and normally in your contract), your locker is as secure as your home and a warrant or Section 18 Search Authority would be required.