Powers of Search

Posted: Wed Mar 09, 2005 2:21 pm

A friend of mine has just contacted me regarding the fact their employer has introduced a new search policy in the workplace and the security staff have been told to 'frisk' employees.

I did a quick search on the net to see what I could find and email to her and apart from one excerpt of PACE I couldnt find anything.

In order to rectify this and get some form of 'definitive guide to searching' published and available for everyone - do we have any volunteers to write a draft document?

Bob - would you know anyone who could check the legal spects for us to ensure it is absolutely correct?

Fully credits will be given to any contributors in any official Guild (or other) publications.

The document should be aimed at security personnel/ employers/employees and explain their rights.
The document should contain references to;
vehicle searches
body searches (both physical and none physical)
locker searches
any legal references you can find to support the content i.e. PACE

Posted: Mon May 09, 2005 1:04 am

The Private Security Industry Bill [HL]
Bill 67 of 2000-01

Quote:

"a security guard is entitled to perform a citizen’s arrest but has no powers of search, with one possible exception relating to workplace employees who may have agreed to this, by virtue of their employment contract"

To the best of my knowledge, this section of the legislation has yet to be ammended.

Posted: Mon May 09, 2005 11:15 am

Corsec, thanks for that.
As yet I have not found any definitive law relating to searches, only 'guides' which do not really give enough detail. Even some training materials which quote some legislation I cannot use as it might have been quoted out of context.

Forum Addict Joined: Apr 28, 2004 Posts: 122

mmm interesting.
if said company introduced a policy on its existing workforce is it not essentially forcing them to submit to a search against their will (assuming they dont want to).

im sure this would be ok for new employees coming in who can agree - or not and not take the job. but for existing workforce, surely theres a human rights (spit) issue or search related law issue?

Posted: Mon May 09, 2005 4:42 pm

Both exisitng and new employees have a clause in their contract that basically says, "You agree that you are subject to the Company Search Policy at all times whilst on the premises" the company search policy indicates employees are liable to be searched at any time, may have a witness present if they wish and have the right to refuse to be searched. In the event a search is refused, the companies cites that disciplinary action may be taken against the individual for refusing to be searched.
The company search policy also clearly outlines who may conduct the search i.e. management, security or other duly appointed indivudal acting on the companies behalf.

Being picky, I think they would be hard pressed to bring disciplinary action against an employee for refusing to be searched when their policy clearly states 'right to refuse to be searched'.

I think we all know that there has to be a clause in the employees T&C of Employment (Statement of Particulars in the absence of a Contract etc) - you just cannot go around searching people willy nilly but there seems to be no clear cut legal data on 'frisking' or conducting searches in public (rather than taking the employee to one side and doing a private search) with regard to employees.

Example scenarion - an employee who is on his lunch (and does not get paid for his lunch) is asked to submit to a search - is that legal as they are not technically 'employed' as they are not being paid for their lunch break. I suppose the same could be said if employees were searched at the end of their shift on the way out - although still on company premises, are they liable to search? If you have 100 people leaving the premises and are subjecting them to a search after their shift has officially finished, is this unlawful detention or worse?

If an employee agree's to be 'frisked' does this still constitute assault if they are accidentally touched in an area they shouldnt be?

Posted: Mon May 09, 2005 6:04 pm

The simple answer is .........

There IS no simple answer.

I doubt seriously wether any security will actually put into writing that their guards (or employees) have a legal right to carry out a search.
It's just too risky.

Somebody will surely scream "Assault" or "Infringement of human rights".

AND .... You can bet your last penny that the wonderful "No win - No fee" lawyers will sue the pants off you.

I believe that because this is such a legal minefield, it is the precise reason why no one is prepared to commit to paper definitive legislation.

It's much easier (for the powers that be) to let things continue as they have done for the last xxxxx years.

If anyone disagrees with me I cite Article 10 of the European Convention on Human Rights - The protection of my right to freedom of expression.

Ner ner na na na, ya boo sucks to you..... :smt118

Yours smartar$ely,

Richard Cranium.

Forum Addict Joined: Apr 28, 2004 Posts: 122

hey i like that little green smily there, and have just stolen it.

Razz

Posted: Mon May 09, 2005 11:19 pm

LOL I'm suprised at you 'borrowing' copyright Guild smilies. But just this once hehehe

Newbie Joined: Jan 12, 2006 Posts: 1

In relation to Staff searches this should only be conducted if it is part of the companies policy. The majority of companies have a staff / visitor search policy and for contractors / visitors their should be signage / notification that they may be subject to search. The majority of retail companies will only allow bags / outer clothing to be searched and staff should not be frisked as this could lead to possible allegations by the employee. Companies wishing to introduce a search procedure to existing staff must give them a minimum of 3 months notice prior to changing their contract / terms & conditions. Searches should also be conducted in a professional manner, and away from sight of other members of staff (if more detailed than a bag search). It is 'best practice' to get the individual to sign a consent form prior to the searh being conducted and again after it so avoid possible allegations against the officer. Also best practice that it should not be one on one i.e. have a witness present and male on male, female on female etc.

If staff refuse to be searched then this can be handled by the companies HR department, contact management and inform them of the situation. HR could possibly conduct a diciplinary along the lines of for breach of trust......failure to comply with policy / procedures[/quote]

Posted: Thu Jan 12, 2006 11:12 pm

Just to throw another spanner in the works.....
Most places these days have a search policy, including vehicles.
So, an employee fininshes his/her shift then gets stopped for vehicle search prior to leaving the premises - would this be unlawful detention?

Posted: Thu Jan 12, 2006 11:52 pm

John_Haywood wrote:

Just to throw another spanner in the works.....

Throwing spanners is very dangerous and definitely a breach of Health & Safety.........John, you should be ashamed.

I refer my learned friend to the answer I gave some time ago:

Quote:

The Private Security Industry Bill [HL]
Bill 67 of 2000-01

"a security guard is entitled to perform a citizen’s arrest but has no powers of search, with one possible exception relating to workplace employees who may have agreed to this, by virtue of their employment contract"

A minefield.......

BOOM!!!

Posted: Fri Jan 13, 2006 1:02 am

Yes, a minefield indeed.
So if an employee has *finished* their shift, are then then still classed as an employee as they are not actually being paid at the time of the search?

I suppose this would depend on the contractual terms or the wording of the search policy.
e.g "all employees may be subject to search blah blah" might not give lawful means to 'detain for search' without reasonable grounds to suspect they have stolen something.
Whereas something like "any person may be subject to search at any time whilst on the premises" would probably cover it.

Newbie Joined: Nov 08, 2004 Posts: 11 Location: Devon

Having carried out in excess of 9000+ staff searchers I can only recall a few who played up when leaving site and were requested to show there bags "permission sought" we searched staff visitors and Contractors, but we never frisked anyone, if we felt they had things on their person we would get them to self search! not a problem the good old 4 P's come to mind when dealing with staff, staff need to know why the searchers are taking place that way they will be more co-operative with the Security Staff.

It was my belief that Door staff frisk people has it is a condition of entry at some venues ?

When Training Staff I always skip the two search slides, male and female on the SITO bjt since we in general don't carryout pat downs

Plus lets face it, if Management need to frisk staff, they need to sort out the recruiting standards, if it is that bad at the place of work they need to get garret wands