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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i work as A Manager at my local Hospital in the Midlands,

Resolved Question:

i work as A Manager at my local Hospital in the Midlands, it was while I was on annual leave for a week in August 2013, that my Line Manager went into my locker without my consent. the reason being I had placed sd cards that's used in our monitoring equipment, as to not cause a knock effective to the service and other equipments as the company who supply our equipment close for a month in August. My line Manager made no effort to try and contact me by phone. there was no documentation of the search. The so called witness a not a HR member or security staff. I search on our hospital website for policy regarding staff searches and there is no such policy in place, only policy in place are for visitors and patients. My union as made no attempt to give feedback on the issue. i the n sent a letter to the Chief executive who passed it unto my line mangers boss , who called a meeting, i stated i will be bringing my unison rep. with to the meeting he advised me not too. Can you advice me on this issue, I believe this issue should be addressed and staff with the NHS should sign a contract to protect not just themselves but also for the hospital point of view. Advice please.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

15yrs +

Customer:

Hi Ben,

Customer:

sorry to be a pain how long is it going to take give feedback, prior to you contacting me the message appeared to say the answer was available if got to be up early in the morning.

Customer:

Regards

Customer:

just to ad the cards I palced in my locker were faulty and had been given to by my staff

Customer:

excuse spelling mistakes

Customer:

Hi Ben

Customer:

Still awaiting feedback

Ben Jones :

Hi sorry I was offline by the time you had replied.


I agree that what the employer has done here is uncalled for and will likely breach the implied contractual term of trust and confidence that exists in every employment relationship. Whilst the employer would have been able to carry out a search in your absence, there should have been a specific and clear policy n this so that both parties know where they stand and in what circumstances he policy can be applied.


 


In the circumstances your options are as follows:



  • You are able to raise a formal grievance with the employer and that will prompt them to officially investigate this and take appropriate action. You can appeal the outcome if you are not satisfied with it

  • If you believe that as a result of this you feel you are no longer able to work there as a result the you can consider resigning and claiming constructive dismissal but this should be seen as a last resort.


 


You cannot force the employer to introduce a policy on this or for the employees to sign contracts, etc but you can raise this as a possible solution as part of the grievance.

Customer:

Ok. Thanks for info.

Ben Jones :

You are welcome

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