What is the legall position on staff searches when there are only two people . is a witness not needed.?

Question

My wife has just been informed that at her work they will now be searching staff everytime they leave the shop, but i was under the impression that to carry out a search a witness was needed ,so as not to have any false results. and here is where it gets silly .as they work with as little staff as possible there is usually only two people in the shop when a search would be carried out.

Answer 1

There is no legal requirement for two people to witness a search .....two are recommended for evidential purposes   and it is much better if the case went to court for there to be two witneses than one .

if it is now part of your wifes contract of employment then she will have signed to say she agrees to this ...

Answer 2

No employer has the right to search an employee..If an employer suspects staff of theft  his only option is to inform the police

Answer 3

Legally there is no precedent for a search unless there is suspision of theft or wrong doing. In which case there should be at least a third and on some occasions fourth person involved. One for the defending staff and another member of management to witness. Also the search should be conducted under strict guidelines.

If she is working in a shop I would suggest that she speaks to someone in USDAW (Union of shop and allied distribution workers) and ask for advice, or go to Citizens Advice and seek further help there.

As a rep myself I would not stand for something like that and would demand clarification on why the workers will be searched and that common procedures be followed.

Good Luck and don't let your wife just accept the position.

Answer 4

Oh boy.  I can see the civil rights and sexual harassment lawsuits already.   Someone didn't think this one out very well.

Answer 5

there should be at least two people to the search one searching and one observing and your wife has a legal right to have a friend with her while this is being done we use to have random searches were i use to work and there were always two people and a close friend of yours .you can also refuse a search if it is a male but that just looks bad and looks like your hiding something but tell her if she has nothingg to hide then its nothin to worry about but i must admit its not nice knowing people cant trust you good luck x Debbie

Answer 6

I worked in a large supermarket, well a couple acutally and searches were carried out regularly and witnesses are not needed. They are, however, not allowed to touch your person- they can only ask you empty pockets and handbags etc.

Answer 7

Let's get one thing clear. ONLY Police Officers and Custom and Excise Officers are allowed to legally search people. NOT security officers, nor store detectives nor anyone else.

Anything else is just a breach of the law.