is it legal (PART TWO)

[rigton70]

as some of you are aware we are trying to be forced at work to be searched

i have now checked my contract and it states nothing in there about random searches.

now the company have bought in a search policy where we are taken into the office and then we have to read a statement and sign it so they can physically search us


so what i would like to know is can i still refuse to be searched,
also can i refuse to sign this piece of paper without it affecting my legally


hope that all makes sense


and thanks

 

[bhaexpress]

It depends to a degree as to how long you've worked there. I think that if you've not been there twoyears then they can sack you without reason, something that I'm sure they'll do if you refuse to sign this satement.

If you've been there over two years then you can refuse to sign and should they then dismiss you then you have a solid case for wrongful dismissal.

Easier said than done I know but frankly a change of job would be the best idea. You should contact your local Citizens Advice Beureau.

 

[rigton70]

It depends to a degree as to how long you've worked there. I think that if you've not been there twoyears then they can sack you without reason, something that I'm sure they'll do if you refuse to sign this satement.

If you've been there over two years then you can refuse to sign and should they then dismiss you then you have a solid case for wrongful dismissal.

Easier said than done I know but frankly a change of job would be the best idea. You should contact your local Citizens Advice Beureau.

i have been there over 2 years

 

[ditchy]

whats your point ? if u have nothing to hide whats so wrong.. Yes its all about privacy etc but the fact that you work in food (i believe) isnt it right to find out who is doing this regardless of how its done .. much rather that then injure somebody... better still whats your company's name .. let me boycott thier products and then see sales plummet and perhaps you end up with no job as they lay work force off

 

[rigton70]

whats your point ? if u have nothing to hide whats so wrong.. Yes its all about privacy etc but the fact that you work in food (i believe) isnt it right to find out who is doing this regardless of how its done .. much rather that then injure somebody... better still whats your company's name .. let me boycott thier products and then see sales plummet and perhaps you end up with no job as they lay work force off

although you have many good points there which i agree with


but i dont want to be physically touched without a policeman present which by law they need

i will and still do turn my pockets out and pat the areas they ask before i start work but physically

 

[ditchy]

fair point... is there someone from HR present ?

 

[bhaexpress]

whats your point ? if u have nothing to hide whats so wrong.. Yes its all about privacy etc but the fact that you work in food (i believe) isnt it right to find out who is doing this regardless of how its done .. much rather that then injure somebody... better still whats your company's name .. let me boycott thier products and then see sales plummet and perhaps you end up with no job as they lay work force off

It's a gross (and clearly illegal) invasion of privacy.

 

[rigton70]

fair point... is there someone from HR present ?

no the HR is not present its a security guard (male and just employed by the firm from a private company who will search you) and a manager (female obviously)

 

[readingstockport]

I would refuse and insist on an independent representative being there. Also if there is any kind of physical body search being done I would ask for a medically qualified person to be present.

 

[ro's pants]

as some of you are aware we are trying to be forced at work to be searched

i have now checked my contract and it states nothing in there about random searches.

now the company have bought in a search policy where we are taken into the office and then we have to read a statement and sign it so they can physically search us


so what i would like to know is can i still refuse to be searched,
also can i refuse to sign this piece of paper without it affecting my legally


hope that all makes sense


and thanks

you can refuse to be searched but it can be considered a disaplinary offence

 

[rigton70]

Re: Re: is it legal (PART TWO)

you can refuse to be searched but it can be considered a disaplinary offence

yes it states that in the letter but surely i cant be sacked by refusing physical contact but willing to turn pockets,socks etc out

 

[Hatterlovesbrighton]

I would write a letter stating that you protest against being searched but set out the conditions under which you are willing to be searched.

You also have to think about how strong a case you will have for wrongful dismissal/constructive dismissal. It's not like they are searching you on the way out to see if you have nicked a pen, they are searching you to prevent the public being physically harmed.

 

[Rangdo]

Have you not got a union representative who can advise you and take your concerns to the company?

 

[rigton70]

Have you not got a union representative who can advise you and take your concerns to the company?

no

 

[rigton70]

Re: Re: Re: is it legal (PART TWO)

yes it states that in the letter but surely i cant be sacked by refusing physical contact but willing to turn pockets,socks etc out

we also have to turn pockets out when we leave

 

[rigton70]

I would write a letter stating that you protest against being searched but set out the conditions under which you are willing to be searched.

You also have to think about how strong a case you will have for wrongful dismissal/constructive dismissal. It's not like they are searching you on the way out to see if you have nicked a pen, they are searching you to prevent the public being physically harmed.

we also have to turn pockets out when we leave