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?
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.
Does he ask for your permission before he does these searches? Are you agency staff?
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
by that i dont mean pictures of an adult nature. maybe pictures of there children
and you are agency staff?
no i work there full time
How long have you worked there for?
i have worked for the company or 28 years. i'am allowed my phone in the warehouse
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
that is a great help thank you. could i ask one more question does it come under the data protection act
also can they take thed phone off the employee
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
thanks very much that has been a great help