Employees belongings searches.

asim18 said:
This is what caused the sacking ladies and gentlemen. Utter ignorance about cannabis. How on earth can a bud of weed escape from a locked locker and jump into a saucepan?
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You have a wild imagination as to how contamination happens. And I never said anything about cannabis.

MrMoonX said:
Unless the manager has a drug testing kit, then your mate just needs to deny it

But as this was retail work, go find another job
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Even drug testing kits are not conclusive, high false positive rates as many substances can react with the reagent. Needs GC-MS to be proven.

Jonnybmac said:
sorry i meant cranberry juice dont know why i put grapefruit there.
but most natural diuretics do help flush toxins from your body.
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Diuretics only make a difference where a drug is eliminated renally, many aren't, and they won't make any difference to a hair follicle test in any case.
 
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I dont think it is legal to search anyones belongings without court or individuals consent.

It is like me going through your coat on a hanger in a resturant so to say, it is illlegal and I would be charged.

On work premesis is no different unless the employee has a contract stating this or said employee is informed and present at the time of the search.

It does stink and I think there is a case here. I am no expert just my 2p. ;)
 
The manager opened a locker with no witnesses or the person using the locker present? If that is correct the manager could have opened a world of pain for themselves.

If your mate stood their ground and denied the drug was theirs what could they do? No-one independant saw it come from your locker - your word against theirs.

And where is the £1k you had saved up to go and buy your mates gaming rig/car/insert here after your shift

Complaint to company management for opening the locker and a complaint to the police for theft.
 
Not sure yet I've told him to give CAB a call. As it stands he's pussy footing around thinking hell get in trouble for the weed.

Hopefully hell man up. I'll let you know.

To be fair before today I hadn't even heard of him so he may not take my advise.
 
Mynight said:
Not sure yet I've told him to give CAB a call. As it stands he's pussy footing around thinking hell get in trouble for the weed.

Hopefully hell man up. I'll let you know.

To be fair before today I hadn't even heard of him so he may not take my advise.
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What weed?
 
If there is no search policy in the employment contract/handbook then the employer should post notice that searches will be performed from date X and should state the purpose and scope of the searches. According to OP not the case
Additionally, as has been stated, the search should be carried out by a manager and a witness, the employee should be given the opportunity to have their own witness present. The employee should be invited to be searched, if they refuse then if there is a reasonable belief that the employee has committed a wrong doing the Police should be involved. Refusal to participate by the employee can then be a disciplinary matter. None of which was the case according to the OP
Good practice would be that, having been invited to be searched, and having agreed, the employee being searched should be present and required to empty out their own, lockers, bags, pockets etc Obviously not the case since the manager conducted the search alone, without either a witness or the employee concerned present.
Another point of note is that searches should be random, unless the Manager the reasonable belief that theft of company property is taking place by an individual employee.

Unfortunately if the employee has only been their for about 18 months then he will have started after 6/04/2012 and will not be able to pursue an unfair dismissal case, even if he was summarily dismissed without notice or pay in lieu of.
However, since the Manager appears to have acted incorrectly and even a most basic disciplinary procedure has not been followed I would take expert advice as to whether this situation has amounted to what is called automatically unfair dismissal and as such would get around the two years service rule.
 
itchy said:
I dont think it is legal to search anyones belongings without court or individuals consent.

It is like me going through your coat on a hanger in a resturant so to say, it is illlegal and I would be charged.

On work premesis is no different unless the employee has a contract stating this or said employee is informed and present at the time of the search.

It does stink and I think there is a case here. I am no expert just my 2p. ;)
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I would say you are 100% right with the consent part. Not sure how it works out if in the contract it says you consent to random searches.

Either way it is terrible practice to do it without the person whose belongings they are being present. SIA rules state you must have consent to search.

If they believed drugs to be on the premises they could have contacted the police who can do a search on suspicion.
 
Third Opinion said:
I would say you are 100% right with the consent part. Not sure how it works out if in the contract it says you consent to random searches.

Either way it is terrible practice to do it without the person whose belongings they are being present. SIA rules state you must have consent to search.

If they believed drugs to be on the premises they could have contacted the police who can do a search on suspicion.
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The contract cannot be worded to imply consent by accepting the contract. That would be an unfair term. It does happen, often, but would be worthless to the employer if tested.
 
malfunkshun said:
The contract cannot be worded to imply consent by accepting the contract. That would be an unfair term. It does happen, often, but would be worthless to the employer if tested.
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That is good to know. I have worked in places were random searches took place and it was done when we left the building with both male and female guards. We were always asked if we consented.
 
Third Opinion said:
That is good to know. I have worked in places were random searches took place and it was done when we left the building with both male and female guards. We were always asked if we consented.
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I take it that you mean it took place at the end of your working day, before you left and were present for the search?
If you refuse to consent then they cannot search, however you should fully expect a disciplinary for the refusal. As has been said, if they think that they have grounds then they can contact the Police.
 
If it were me, I would offer to accept a first-and-final written warning, in return for not seeking advice over an illegal search.
If they still wanted to fire me, then CAB will get involved, as the search was totally illegal. Their choice.
I think the concerned party needs to eat a little humble pie, and perhaps striking a 'deal' like this might work...?
 
deuse said:
They stink to high heaven after a smoke of it for ages. But it is funny how the druggies don't notice they stink.
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Indeed. It absolutely reeks. Sounds pretty likely that he's been walking into work stinking to high heaven of it.

Still, the manager has gone about this entirely the wrong way.
 
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