Rate this!
Peter Ferraby
Member - 2 posts
The company I work for is wanting to update our Drugs and Alcohol policy. The part of the policy that is giving concern is the section on "Right to Search" - " The company consider it a reasonable management action to request a search if your manage has reasonable grounds to suspect that you are in breach of this policy. A refusal may lead to discipline action being taken.” My question is it legal for a company to conduct a search on the grounds that a manager may suspect an individual may be under the influence of Drink or Drugs?
Rate this!
Phill S
Member - 23 posts
Firstly I'll admit that I don't know a lot about the law on this point, but it does seem questionable in my view.
Who determines whteher someone is in breach of the policy, I can't see that being a manager qualifies them to do a search like this, maybe a doctor or other appropriately medically trained member of staff might be able to.
This would mean at some point they would need to target someone specifically and labelling them as a drunk or druggie, of course if that employee is 'clean' i can see a nice tribunal case following.
However...
I do believe that as long as it is a well known company policy, and that all staff are informed that such a policy exists they can have random searches of property brought into work (for instance handbags) but even then their would be more problems should they want to perform a clothing or body search.
Rate this!
Craig Stuart
Member - 85 posts
Hi Peter
The employer has to be aware that there could be problems surrounding the 'Right to Search'. Does this only cover bags etc or would it also include a body search? If it's the latter, then there could be all sorts of issues, e.g. same-sex searches, religious beliefs and human rights.
It really boils down to why the company feels the need to update and include such a move. Is it because there has been a significant increase in breaches of the existing policy? I would always take the view that rather than use a hammer to crack a nut, deal with every case individually using the disciplinary procedure. That way, everyone is not 'guilty until proved innocent'. It would also lead to a more harmonious work atmosphere.
Rate this!
Geoff Porteous
Member - 24 posts
I am aware that searches can be conducted to deter theft, i am unsure of what you are trying to achieve with searches for drugs and alcohol as iv'e never heard of anyone that has done it, surely your policy on D&H incorporates random testing
that in itself is a more positive indication of their use rather than the possession of.
0 (0)
