Appendix 12 - Right to Search Policy

Purpose

The purpose of this policy is to outline the situation in which the Company might decide to stop and search those working in the Company, and the arrangements relating to this.

In the interests of security for all of us, Tracklements reserves the right to search any employee, any lockers, bags or clothing and any vehicle on company premises. You have the right to require that the search is carried out by a person of the same sex in conditions of privacy or that a colleague is present. Searching will only be carried out by authorised staff. Tracklements also reserves the right to search vehicles and work areas.

General Principles

  • Prior to a search, the authorised staff will outline the following:

  • explain the reason for the search (i.e. what they are suspicious of in line with Company rules, policies and procedures);

  • that a written record will be kept of proceedings;

  • the searches carried out will not be of an intimate nature, and hence it should not usually be necessary for searches to be carried out by someone of the same gender as the person being searched;

  • a non-intimate search covers a variety of types of searches i.e. physical property being searched such as lockers, drawers, bags, exterior clothing being worn by or belonging to the individual (pockets of coats, jeans etc);

  • the person owning the property being searched will usually be present during the search. It is only in exceptional situations that this will not be the case, and such searches must be authorised by the Head of Operations or Managing Director.

Searching Of Vehicles

The Company reserves the right to search any vehicles as they enter or leave the Company’s premises.

The authorised staff will outline the following prior to any search being carried out:

  • if it is intended to search a vehicle, the person carrying out the search will indicate to the driver that they wish to conduct a search;

  • the driver will be requested to drive to a safe place where other traffic is not obstructed,

  • the driver will be requested to turn off the engine and leave the vehicle;

  • explain the reason for the search (i.e. what they are suspicious of in line with Company rules, policies and procedures);

  • that a written record will be kept of proceedings (see point 9 under recording of searches);

  • the driver whose car is being searched has the right to request that a colleague is present during the search. This should be explained and requested before the search commences;

  • the driver of the vehicle being searched will usually be present during the search. It is only in exceptional situations that this will not be the case, and such searches must be authorised by [Job title].

Searching Of Bags

The Company reserves the right to search the bags of anyone working in the Company as they enter or leave the Company’s premises.

If it is intended to carry out a search, the individual who owns the bags being searched will be asked to come to a private room. The individual will either be asked to empty their bag or will be asked to give the bag to the person carrying out the search for them to look and search inside. If the individual is required to empty the bag the person carrying out the search will then inspect the empty bag.

Other Searches

On some occasions it might also be deemed appropriate to search other items – for example coats. In such a situation the person being searched will be asked to come to a private room.

 Refusing To Allow A Search

If you refuse to allow a search, you will be asked why. If the refusal relates to a concern about the person carrying out the search (e.g. because they are of the opposite gender) then another authorised person will be asked to carry out the search, but refusal to allow a search to continue once any concerns have been addressed could be a disciplinary offence

Action To Be Taken If Irregularity Is Discovered

If the individual being searched is found to be bringing in or taking away from the Company something which is thought to be against the rules of the Company the individual will be asked to wait in an office whilst a director is contacted.

Bringing banned items into the Company (e.g. drugs, knives – these examples are not exhaustive) or taking items from the Company without permission (e.g. Company documents, Company property – examples are not exhaustive) will result in an investigation that could result in disciplinary action being taken, up to and including dismissal. This could include summary dismissal.

In such cases the Company reserves the right to suspend the individual on full pay whilst further investigations are carried out.

Frequency Of Searches

There is no limitation on the number of occasions on which an individual can be searched.

Recording Of Searches

The person carrying out the search will be required to make a note in the ‘Stop and Search’ log of every search that is carried out. The following information will be logged:

  • ⦁Date of search;

  • Time of search;

  • Person searched (name, department and personnel number);

  • Items searched (e.g. vehicle, bag); and

  • Any action taken.

The search log must be signed by both the person carrying out the search and the individual who was searched.

Complaints About The Search Process

Any complaints about the search process should be addressed to the Head of Operations or the Managing Director.