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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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Is an employer entitled to search an employee's bag after

Resolved Question:

Is an employer entitled to search an employee's bag after a tip off from a disgruntled employee
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Another employee who I don't particularly get on with reported me to my boss as having taken money from the till .when I was leaving to go home the asked to see in my bag and asked me had I got a lot of money on me .nothing was found .
Customer: replied 2 years ago.
Why have I had no answer
Expert:  Jo C. replied 2 years ago.
Does the contract give them the right to search you?
Customer: replied 2 years ago.
No nothing
Expert:  Jo C. replied 2 years ago.
Did you consent to being searched?
Customer: replied 2 years ago.
Yes because didn't have anything to hide but felt if I didn't it would be taken as I had
Expert:  Jo C. replied 2 years ago.
In that case I'm afraid their actions were not unlawful. It would have been unlawful if they had acted without your consent but that didn't happen.
Employers can include a clause in their contract that there will be random searches but that relies on workers consent as well. The failure to consent would lead to inferences being drawn.
You could raise a grievance about the allegation though. I would never normally suggest that as usually it says as much about the complainer as about the person complained about but I think that if you have been the subject of a vexatious accuser then you do need to act.
Can I clarify anything for you?
Jo
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