STOP AND SEARCH POLICY
THE RIGHT TO STOP AND SEARCH
Employees are reminded that, by accepting the terms and conditions outlined in their contract of employment, they have expressly agreed to CJB Staffing Solutions Ltd exercising the right of stop and search.
The purpose of this policy is to outline the:
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- Company’s policy in relation to stopping and searching employees;
- manner in which searches will be carried out;
- implications of an employee refusing to comply with a search request;
- disciplinary action following a positive search
Other security arrangements implemented by the Company, which are not related to stop and search, are not covered by this policy and are detailed elsewhere.
COMPANY POLICY ON STOP AND SEARCH
CJB Staffing Solutions Ltd reserves the right to undertake searches of employees within its premises. This is to protect both the Company and its staff from illegal activities such as theft of Company property or property belonging to another member of staff or other person; and the possession or supply of any substances, which might be in breach of Company policy in relation to alcohol and/or drugs.
Employees are advised that a search does not indicate that they are under any suspicion of wrongdoing and searches may be carried out randomly. However, the Company reserves the right to stop and search an employee when it reasonably suspects that they have committed an illegal act or an act in breach of company policy.
In accordance with employees’ terms and conditions of employment CJB Staffing Solutions Ltd reserves the right to carry out searches, including:
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- a physical search of the employee where they will be asked to remove their jacket and empty all their pockets;
- a search of all baggage (both personal and Company property);
- a search of any vehicle on the Company’s property (both personal and owned or leased by the Company); and
- a search of all work areas (including but not limited to desks, lockers and cabinets, locked or otherwise). This may also include search of any electronic devices such as laptop or phone owned by the Company in compliance with the appropriate Company policy.
The Company will ensure that the level of search is fair and reasonable and takes into account all of the circumstances giving rise to it.
If the Company suspects that a non-employee such as a contractor, temporary worker or visitor has committed an illegal act such as theft of Company property, no search will be attempted or carried out. Under these circumstances the police will be informed immediately, and any evidence gathered handed to them.
THE MANNER AND LOCATION OF STOP AND SEARCH ACTIVITY
Only authorised officers of the Company who have been trained in how to conduct searches will undertake searches on behalf of the Company. This is to ensure that the employee’s dignity is protected and that selection of employees is not discriminatory.
Searches may occur at random when employees enter or leave the building and/or in circumstances where the Company reasonably suspects that an employee has committed an unlawful act or act in breach of Company policy. If a search is undertaken on a random selection of employees, a demonstrably fair selection process will be used.
A physical search will be carried out in a private room, by an authorised officer of the same sex and in the presence of another authorised officer. Employees have the right to request that a physical search is attended only by people of the same sex.
Searches of baggage, vehicles and work areas will be carried out by an authorised officer in the presence of the employee in question and another authorised officer.
REFUSAL TO COMPLY WITH THE CJB STAFFING SOLUTIONS LTD STOP AND SEARCH POLICY
If an employee refuses to undergo a search, the employee will be asked to reconsider his/her refusal. If the employee maintains his/her refusal to undergo a search, the Manging Director will be called. They will consider the employees stated reasons for the refusal and, if these are deemed reasonable, no further action will be taken against the employee.
The incident including the reasons for the employee’s refusal to be searched will be recorded in the employees personnel file and in a formal company record for any other personnel.
If an employee unreasonably refuses to undergo a search (including if they subsequently refuse to stay on the Company premises when requested to do so), they will be suspended on full pay and the Company will undertake a full investigation. This may lead to disciplinary action in line with the Company’s disciplinary policy, which could result in dismissal for gross misconduct where appropriate.
If the Company believes that there is evidence that an employee has committed an illegal act, this will be reported immediately to the police.
DISCIPLINARY ACTION FOLLOWING A POSITIVE SEARCH
If a search reveals evidence that an employee has committed an act which is illegal or in breach of CJB Staffing Solutions Ltd policy, then the employee’s manager or another senior manager as appropriate will be called, and the employee will be given the opportunity to explain the situation. If the manager is not satisfied with the explanation the employee will be suspended immediately on full pay pending a full investigation.
This may lead to disciplinary action in line with the Company’s disciplinary policy, which could result in dismissal for gross misconduct where appropriate.
If the Company reasonably believes that there is evidence that an employee has committed an illegal act, this will be reported immediately to the police.
If an employee is unhappy about the way in which a search has been conducted or thinks they have been discriminated against or otherwise treated unfairly they can raise this in the first instance with their line manager. If an employee prefers to raise a formal complaint, he/she should refer to the Company’s Grievance Procedure.
CJB Staffing Solutions Ltd
March 2018