How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45349
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

can a in house security guard look through my mobile phone

Resolved Question:

can a in house security guard look through my mobile phone
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail?

Customer:

We have a security guard at work who goes through phones looking at pictures, making sure that the phone has not been stolen. i would like to know if he is allowed to do this. i have been through the company search procedure but it says nothing about searching mobile phones. it does say that phones should not be taken into the warehouse. also how would this affect agency staff.

Ben Jones :

Does he ask for your permission before he does these searches? Are you agency staff?

Customer:

no he just takes the phone and tells them to unlock it. there may be personal pictures on there which staff either agency staff or full time staff may not want to be seen

Customer:

by that i dont mean pictures of an adult nature. maybe pictures of there children

Ben Jones :

and you are agency staff?

Customer:

no i work there full time

Ben Jones :

How long have you worked there for?

Customer:

i have worked for the company or 28 years. i'am allowed my phone in the warehouse

Ben Jones :

An employer would not have the right to check an employee’s own personal phone unless there is something to this effect in the contract of employment, as the phone does not belong to the employer. The position is arguably different where the phone is owned by the employer, however as this is the employee’s property they have the right to refuse for it to be searched. However, if consent is refused the employer can take further action f there are suspicions that the consent was refused unreasonably. Let’s say they believe the phone was stolen and you have refused access to it, they can then consider taking disciplinary action based on the limited evidence they have, believing it may be stolen. If you prove that it was not stolen, simply by allowing access, then the disciplinary should not go ahead but you may be placing yourself in a position you would not want to be in.

Instead you may want to ask the employer to introduce a specific policy and also to allow you to choose the photos first so that no personal photos you do not want seen are accessed during the search.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

that is a great help thank you. could i ask one more question does it come under the data protection act

Customer:

also can they take thed phone off the employee

Ben Jones :

they cannot take the phone off you. The issue is not going to be under data protection as they are not keeping the photos or storing them

Customer:

thanks very much that has been a great help

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45349
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice