Question on legality of employers policy

sameoldname

Here goes:

My employer requires on the weekend that all of the employees of our shop stay behind after work to be searched to see if we are stealing stock, this can take up to 30 minutes and we do not get paid for this time.

Now I don't care about being searched, thats fair enough, what I do mind is having to stay behind without getting paid. If I don't stay behind to be searched I will get a warning.

I just want to know is this in any way legal and what law governs this perticular area. It just seems that my company, to prevent us stealing from them is actually stealing from us.

Any help is much appreciated.

Tom Young

Searched in what fashion? Cavity? Belongings? etc.

Where do the searches take place, locked room etc.?

30 minutes at what time of the day?

Do you have a written contract which states consent to searches?

Has anyone gotten a warning?

Is the industry a luxury industry?

sameoldname

We are scanned with a metal detector, the company is well known so i don't want to get to specific but it is a UK company, we have to line up at the front door after we close on saturdays and sundays at 6pm and we are then scanned.
I haven't signed a contract yet, I only started last week so I haven't been repremanded yet, but I know a employee who was made to answer questions after walking out before the scan, but his was an honest mistake so nothing official happened as far as I know.

As I said I don't mind being searched, I do mind not getting paid for it.

seamus

It would depend on the contract.

I would be very doubtful that the company could rationalise this in any way. At the very least, if it's not in your contract, then you are entitled to leave once your day is over and the company have no right to demand a search nor to reprimand you for refusing. Either could be construed as a breach of privacy.

However, if they state in your contract that a condition of employment is that you allow yourself to be searched at the end of the day, then while they have partially covered their bases, I would be skeptical of such a clause's ability to stand up to scrutiny.

The company probably relies on two things:
1. Those who work in the storeroom don't have the knowledge, will or resources to challenge the contract legally - you either accept it or hit the road.
2. Anyone who refuses will be fired within a year, which means that they have very little recourse (you can't sue for wrongful dismissal in the first year).

The basic outlook on the pay issue depends on how you're paid.

If you're paid by the hour, then you are entitled to be paid for those extra 30 minutes that you are on the premises. If you're paid a standard wage or salary, then provided that those 30 minutes are mentioned in your contract of employment, you can't claim it as overtime.

Borzoi

seamus wrote: »

The basic outlook on the pay issue depends on how you're paid.
.

Searches - particularly bag searches are common enough in many retail/manufacturing jobs

Interestingly, the Prison officers are currently in dispute with the Govt over the search time and whether it falls within their normal hours or not. Reasonably you'd have to imagine that you'd be paid for while waiting on the search

sweetie

it's handy the way they pre-warn you about the searches isn't it?