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Flip
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Joined: 28 Feb 2004
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PostPosted: 20:43 - 27 Oct 2008    Post subject: Workers privacy rights Reply with quote
Basically, management have been through people lockers at work using a skeleton key without us being there! She had two cleaners with her as witness's (*sp). I thought by law we had to be there when if they wanted to look in our lockers?

Anyone know if they are in the wrong or not?
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bob a
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Joined: 18 Aug 2006
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PostPosted: 20:46 - 27 Oct 2008    Post subject: Reply with quote
It would be good practice for you to be there however as long as they had someone with them to coorborate their actions they are not wrong.
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Flip
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PostPosted: 20:49 - 27 Oct 2008    Post subject: Reply with quote
If that's right, Bob, that's appalling. Confused
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MarJay
But it's British!



Joined: 15 Sep 2003
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PostPosted: 20:54 - 27 Oct 2008    Post subject: Re: Workers privacy rights Reply with quote
flip wrote:
Basically, management have been through people lockers at work using a skeleton key without us being there! She had two cleaners with her as witness's (*sp). I thought by law we had to be there when if they wanted to look in our lockers?

Anyone know if they are in the wrong or not?


My mother would know, she's a HR consultant. I'll try to find out for you. Thumbs Up
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Flip
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PostPosted: 21:05 - 27 Oct 2008    Post subject: Reply with quote
Nice one Marjay. Thumbs Up
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Itchy
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Joined: 07 Apr 2005
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PostPosted: 21:07 - 27 Oct 2008    Post subject: Reply with quote
A quick law search revealed this (I was actually looking up a law for something else and did yours on the side).


Quote:
In determining whether Article 8 has been infringed in the workplace, the European Court of Human Rights will assess whether there was a "reasonable expectation of privacy". If an employer warns an employee that their offices and desks are liable to be searched, then the employee's expectations of privacy will be removed. Employers will be in a much stronger position if they have a clear policy detailing the circumstances in which searches may be carried out.


And

Quote:


Check list

* A clear policy on stop and search should be issued to all employees that identifies the reasons why a search may be made, who would carry it out, where it would take place, and what it would look for.
* Employers should ensure that their contracts of employment provide that searches may be carried out, as well as the potential consequences of an employee refusing to be searched when requested.
* Employers must ensure that those carrying out searches do not discriminate against those being searched on the grounds of race, gender, religion or sexual orientation.
* No invasive methods of searching should be used where possible, and on body searches, someone of the same gender should carry this out in private.
* Employers must ensure consent is given by the employee, even where the employer has a contractual right to search.

Beware!
Employers should always seek consent from the employee before conducting any search. Failure to do so could result in criminal prosecution and/or a claim of unfair dismissal. The maximum award for a claim of unfair dismissal recently increased to £58,400.




What you want to do is put a easily broken item leaning against the door of the locker, they open it , it falls out and smashes....

A vase or a ceramic urn full of ashes ought to work nicely.

This puts them in an incredibly compromising position.
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Flip
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PostPosted: 21:25 - 27 Oct 2008    Post subject: Reply with quote
What a lovely word consent is.

You got a link from where that bottom quote is from please?

I did think about the things that 'were' have been in my locker at the time. Wink Laughing
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Itchy
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Joined: 07 Apr 2005
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PostPosted: 21:55 - 27 Oct 2008    Post subject: Reply with quote
flip wrote:
What a lovely word consent is.

You got a link from where that bottom quote is from please?

I did think about the things that 'were' have been in my locker at the time. Wink Laughing


erm the 58K is the 2006 figure it has gone up to £72,900

according to https://www.emplaw.co.uk

but the original link was from

https://www.caterersearch.com/Articles/2006/03/30/305975/stop-and-search-of-employees.html
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Old Thread Alert!

The last post was made 17 years, 346 days ago. Instead of replying here, would creating a new thread be more useful?
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