Right to Search policy template

Overview

[Company] must ensure that the security of ithe site is maintained; safety and security are of primary importance.

To help maintain the safety and security of the workforce, [Company] reserves the right under this policy to exercise a stop and search of its employees.

The purpose of this policy is to outline:

• why the organisation believes that it is necessary to enforce the right of stop and search;
• how employees will be chosen to be stopped and searched;
• the manner in which searches will be carried out; and
• where searches will take place.

Scope

This policy is applicable to all employees of [company name].

General principles

Right to stop and search

In accordance with this policy, the organisation reserves the right to:

• stop and search all employees;
• carry out a search of personal belongings and vehicles on the organisation's property; and
• carry out a search of all workplace areas, including lockers and any company vehicles.

Employees will be asked to consent to a search and will be required to complete a stop and search authorisation form.

Reasons for searches

[Company] reserves the right to undertake searches of employees within its premises. This is to protect both the organisation and its staff with regards to the security of radioactive materials and sensitive/classified documents, but also from illegal activities such as:

• any theft of the organisation's property or property belonging to another; and
• the possession or supply of illegal substances.

Employees are advised that a search on an employee does not indicate that he/she/they is/are under any suspicion of wrongdoing and searches will be carried out at random. However, the organisation also reserves the right to stop and search an employee when it reasonably suspects that he/she/they has/have committed an illegal act.

Level of searches

[Company] reserves the right to undertake searches, including:

• a physical search of the employee;
• a search of all baggage (both personal and that owned by the organisation);
• a search of any vehicle on the organisation's property (both personal and owned by the organisation); and
• a search of all work areas (including but not limited to desks, lockers and cabinets, locked or otherwise).

The level of search required may be subject to change and the organisation will ensure that the level of search is fair and reasonable, taking into account all of the circumstances giving rise to it.

When will searches occur?

Searches will occur at random when employees enter/leave the site or a secure work area and in circumstances where the organisation reasonably suspects that an employee has committed an illegal act.

If a search is undertaken on a random selection of employees, a fair selection process will be used.

The organisation will ensure that all authorised security officers have received training on how to conduct searches, to ensure that the selection of employees is not discriminatory.

Who will conduct searches?

Authorised security officers from the organisation will undertake searches on behalf of the organisation.

[Company] will ensure that all authorised security officers have been trained in how to conduct searches to ensure that the employee's dignity is protected.

The organisation and the authorised security officers will take care to carry out searches in a fair manner and no search will involve overly invasive methods.

Conduct of searches

Physical search of the person

A physical search will be carried out in a private room, by an authorised security officer of the same sex and in the presence of another authorised security officer.

Employees have the right to request that a physical search is attended only by people of the same sex.

Search of baggage, vehicles and work areas

The organisation reserves the right to search both its own property (for example company vehicles) and the personal belongings of any employee. Searches of baggage, vehicles and work areas will be carried out by an authorised security officer in the presence of the employee in question and another authorised security officer.

Refusal to undergo a search

If an employee refuses to undergo a search, no search will take place. The employee will be given a reasonable period of time to reconsider his/her/their refusal.

If the employee maintains his/her/their refusal to undergo a search, a member of management/the HR Manager will consider the reasons for the refusal and, if these are deemed reasonable, no further action will be taken against the employee at that time.

The employee and member of management/the HR Manager will be expected to complete a stop and search authorisation form, giving details of the reasons for the refusal.

If an employee unreasonably refuses to undergo a search, he/she/they will be suspended on full pay and the organisation will undertake a full investigation. This may lead to disciplinary action in line with the organisation's disciplinary policy, resulting in dismissal for gross misconduct where appropriate.

If the organisation believes that there is evidence that an employee has committed an illegal act, this will be reported to the police.

Disciplinary action following a search

If a search reveals evidence that an employee has committed an illegal act, such as theft or the possession of an illegal substance, he/she/they will be given the opportunity to explain the situation before the decision to suspend is made.

However, the organisation reserves the right to suspend any employee on full pay and undertake a full investigation. This may lead to disciplinary action in line with the organisation's disciplinary policy, resulting in dismissal for gross misconduct where appropriate.

The organisation will also report the employee to the police.

Complaints

If an employee has a complaint about the way in which a search has been conducted, he/she/they can raise this informally with his/her/their line manager or HR services.

If an employee prefers to raise a formal complaint, he/she/they should refer to the organisation's grievance procedure.

Equal opportunities

In line with its equal opportunities and dignity at work policies, [Company] will take steps to ensure that this policy is not used in a discriminatory manner against any employee and that no individual is unfairly targeted.

[Company] will take steps to ensure that employee's dignity is respected at all times.