Right to Search

If the employer wishes to have the option to carry out personal searches, then it is crucial that all details surrounding these searches are clearly communicated to the employees in the contract of employment. In this situation Employees must sign the contract and by so doing agree to the policies and procedures contained therein. The Employer should consider fully if a right to search is required. If an employee is brought into a room and searched, and if nothing is found, then there might be a risk that the employee might bring a claim for false imprisonment.

There must be an objective necessity for the search.

General Comments on Searches:

  1. It is very doubtful if employers have the right to carry out random searches of employees and their property (including vehicles) whilst they are on the employer’s premises.
  2. Such searches in themselves do not imply suspicion in relation to the individual concerned. [It might!]
  3. Where practicable, searches will be carried out in the presence of a colleague of the employee’s choice who is available on the premises at the time of the search.
  4. A male employer may not search a female employer.
  5. A female employer may not search a male employer.
  6. This will also apply at the time that any further questioning takes place.
  7. The Employer reserves the right to call in the Gardaí at any stage.
  8. Search for intoxicants under reasonable cause, such as inspections of employees’ personal property, including briefcases, bags, lunch boxes, will be maintained as part of the Employer’s property.
  9. All employees will be expected to cooperate, as a condition of continued employment, with special drug/alcohol searches of personal vehicles on company property, purses, clothing, briefcases, or other employee personal property, when there is reasonable suspicion to believe that an employee may be in possession of drugs or alcohol.
  10. The sale, use, purchase, transfer or possession of an illegal drug or drug paraphernalia is illegal under Irish law.
  11. Searches of individuals will only be conducted based on reasonable cause, and searches of vehicles, lockers, desks, bags or closets when based on reasonable suspicion.
  12. The employer will cooperate fully in the prosecution and/or conviction of any violation of the law.
  13. The sale, use, purchase, transfer or possession of an illegal drug or drug paraphernalia is illegal under Irish law, as stated. IPPN, having taken immediate steps in line with disciplinary procedures, will report information concerning possession, distribution, or use of any illegal drugs to the Garda Síochána and will turn over to the custody of the Gardaí any such substances found during a search of an individual or property.

 

How is an employer going to deal with searching a non-binary person?  I do not have the answer to this.

Takeway:

None of my comments regarding searching employees should be interpreted as confirmation that I think it is acceptable to search employees! As a rule, I do not think so.

While there is nothing wrong with leaving the right to search in the Contract/Staff Handbook, it should be avoided save in certain exceptional circumstances.

In relation to searching employees: make haste slowly and with the greatest of caution.