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Employer's Guide to Searching Staff at Work
What do you do if you suspect that one of your employees has committed theft, is dealing drugs on your premises or in possession of something dangerous? You haven’t been able to catch them red-handed on CCTV footage or by looking through their work emails, so you want to search the employee, their locker and bag. Before you carry out a search, you need to consider your UK employment law expectations and employee rights. In this guide, we explore where your business stands.
Employment laws on searching employees at work in the UK
What's key to understand here is carrying out a search without any thought to the law is where the problem is. You need to have clear policies and procedures in place, otherwise you may face a wide range of claims. Such as:
Assault
Battery
Discrimination
False imprisonment
Constructive dismissal
We recommend you establish a clear company procedure before trying to search staff. You'll need to draft a full policy and distribute it to employees and get their agreement. Failure to have a proper procedure in place may result in damaging consequences such as an employment tribunal claim.
Getting employee consent for staff searches
Under UK law, you're only permitted to search an employee if you have received clear and unambiguous consent from the employee. Many employers have an explicit term in the contract of employment that states they reserve the right to carry out a search and what will occur if the employee refuses. In spite of this provision, it's highly recommended you should ask staff before you do anything.
Conducting a search without the employee’s permission could lead to claims of assault and they could seek damages. It can also negatively affect the relationship of trust and confidence, which may enable an employee to resign and claim for constructive dismissal.
The clause in a contract does, however, have some use. If employees know what the possible consequences are of not giving their consent, they may be more inclined to agree to your request. For example, you may state in the contract of employment or employee handbook their refusal to submit to a search may be used in a workplace disciplinary procedure.
How to carry out staff searches
It's useful to have a written policy regarding searches in place, so you and the employee know the rules and the parameters.
This policy should highlight in what circumstances a search will be made (e.g. what are legitimate business reasons for doing so), who'll conduct it, what can be searched, where it'll take place, and the consequences of refusing to consent to a search. When conducting a search, remember the following:
Make sure you have reasonable and non-discriminatory grounds for conducting a search.
Explain to the employee the reason for the search.
The search should be done in private, not in a public space.
If carrying out a search on someone’s person, they should be carried out by someone of the same sex, who has received appropriate training.
All searches should be conducted with care and sensitivity.
Searches should be carried out in front of a witness.
Remember, some members of staff may be unhappy about your policy. But in certain sectors (such as customer facing roles in retail), it may be a desirable approach to have for your business. As long as you clearly communicate your policy, and offer a fair approach, it can ensure workplace safety standards are met.
Get expert support with employee relations
Do you want to introduce staff searches? You can discuss this topic in more depth by speaking to our expert HR consultants. Claim your free consultation today to get your plan in action: 0345 226 8393.
FAQs
You don't have an automatic right under UK employment laws. You must establish clear consent that's agreed by employees before you can carry out any searches. You can establish this in your employment contract terms.
You can't do this as an automatic right. However, if you have a written policy in place (one agreed by employees), then you can search an employee's bag.
You don't have an automatic right under UK employment laws. You must establish clear consent that's agreed by employees before you can carry out any searches. You can establish this in your employment contract terms.
You can't do this as an automatic right. However, if you have a written policy in place (one agreed by employees), then you can search an employee's bag.
