Facing disciplinary action for being innocent

[outofsync24]

I see. Now I know why I was asked about the diasability lol

[Bigredbus]

Once again, I agree with 'mariefab' (slow thinker... writer... but to the point! )

 

However, I would inform the head-office...

[Jimbo-Jones]

Could it not be discriminatory based on the fact they carried out the searches over suspicion of theft and one of the reasons they gave for searching was he had been to the toilet a large number of times when he has a known medical problem ie the one kidney which they are aware of resulting in more frequent visits to the loo?

 

or am i spouting rubbish

[mariefab]

Are they suggesting that, because your son goes to the loo more frequently than normal, he had more opportunity than others to have taken the money?

 

A few questions about his kidney problem (absence!).

 

You say that he needs to use the loo more frequently than normal.

 

Would his doctor be likely to agree that this was due to only having the one kidney?

 

Would your son agree that this has a long term effect on his ability to do normal everyday things unless he takes reasonable steps to take his condition into account?

 

If so, then it could qualify as a disability.

[mariefab]

Jimbo, snap! Again I get shown up by my typing finger.

[outofsync24]

The doctor would agree to this. He had to go to the hosital every 12-18 months from birth until the middle of last year to make sure that everything was working correctly. Countless scans were attended to. The kidney is now the size of two of our normal ones joined together which means that it is doing the job of two kidneys, which is why he needs to go to the toilet more often. The reason he hs to go to the toilet more often is because if he holds it in, it could cause an infection and he doesn't have another kidney as back up

[mariefab]

OK. Can you confirm...

 

The Company were made aware of this when he was employed by them?

 

They have made the 'reasonable adjustment' of allowing him to have more loo breaks because of his condition?

[outofsync24]

Update on the search rules. This is what it says in the handbook verbatem:

 

To maintain security, random or specific staff searches may be carried out from time to time. Your property, or property believed to belong to you including bags, lockers and vehicles on Company premises or the vehicle in which you travelled to work, can also be searched. The employee should be notified of the following beforehand.

 

Who will carry out the search. This should be an authorized member of the management team who us the same gender as the employee.

 

When and where the search will take place. This should be in a private area where possible and you have a fellow employee there as a witness if they wish,

 

The reason/s for the search.

 

Employees are required to cooperate fully, refusal may be deemed as obstruction and refusal to comply with a reasonable management request, which may render you liable to disciplinary action. An individuals dignity and rights will be respected and upheld at all times.

[outofsync24]

The company were aware of this as on the application form, it asks for medical history

[thewakers7]

Who will carry out the search. This should be an authorized member of the management team who us the same gender as the employee

 

did someone say it was a female superviser who searched him and made reference to a "joke" of being stripped to his boxers??

[outofsync24]

No, it was a female that searched him first, but it was the bloke who searched him last that made a "joke" of it. However, this bloke DID put his hands in my sons pockets, checked the waistband of his trousers and underwear, told him to take his shoes off, checked them and checked the soles of his feet because he had socks on and all of this was without asking permission first, but my son said he had nothing to hide which was why he allowed it to happen.

[mariefab]

Did he ever ask for or was he ever given any kind of permission to visit the loo more frequently than usual?

[outofsync24]

I don't know to be honest. It's not something I've asked him. I just assume now that he's 18, he would automatically ask, because it's what he's done for as long as he's been able to talk

[thewakers7]

Body searches

The same guidelines apply to body searches. Further, it's a fundamental principle of law that a person's body is inviolate. Everyone is protected against any form of physical molestation and any infringement of that right, which may include mere touching, constitutes the common law offence of battery.

 

The European Court of Human Rights recognises that a person's physical and bodily integrity is an important aspect of privacy, and any claim is likely to be received well in this regard.

 

Expert Advice

The circumstances in which employees may be stopped and searched should be detailed in contracts of employment. This will enable an employer to carry out searches so long as they are in line with the policy and the employee consents to the search. If an employee refuses to be searched, they may find themselves in breach of contract. Employees may potentially be disciplined or dismissed for such a refusal, as long as there's a clear disciplinary policy in place which stipulates the potential consequences of their refusal.

 

If an employee has refused to be stopped and searched and the employer still proceeds to carry out the search, there's a risk of the employer being charged with assault.

 

Check list

• A clear policy on stop and search should be issued to all employees that identifies the reasons why a search may be made, who would carry it out, where it would take place, and what it would look for.
  
• Employers should ensure that their contracts of employment provide that searches may be carried out, as well as the potential consequences of an employee refusing to be searched when requested.
  
• Employers must ensure that those carrying out searches do not discriminate against those being searched on the grounds of race, gender, religion or sexual orientation.
  
• No invasive methods of searching should be used where possible, and on body searches, someone of the same gender should carry this out in private.
  
• Employers must ensure consent is given by the employee, even where the employer has a contractual right to search.
  

Beware!

Employers should always seek consent from the employee before conducting any search. Failure to do so could result in criminal prosecution and/or a claim of unfair dismissal. The maximum award for a claim of unfair dismissal recently increased to £58,400.

[thewakers7]

obvioulsy some of the above does not apply but his employers are in breach of there contract.

[outofsync24]

He agreed to the search, but didn't agree to the searching of his pockets or removal of his shoes and the other stuff I said, but he said that he let the guy carry on (who is not management) because he felt he would look guilty otherwise

[thewakers7]

thats because he had nothing to hide, i would seriously phone your local police station tomorow, if u cant speak to a police officer ask if a community police officer to maybe come to your home there often out and about so it shouldnt be a problem, they might say its a civil matter but tbh false and unfounded allegations have been made, an improper search has been made and falsifying evidence/reports/statements i would say was enough to go on for now never mind defamation of character

[outofsync24]

Might do that. I know our local spso's because of where I work lol

[Whodini666]

If it was me, absolutely no doubt whatsoever, I would go to the police.

 

This is an unbelievable story and way way beyond an HR forum. Go as soon as possible.

[thewakers7]

well this thread has caused a bit of a stir hasnt it, im also wandering whether a whistleblowing type of tv programme would be very interested, your son has overcome adversity in his life through his health complications and u should be proud of how u have represented him, it doesnt matter of his age hel always be your baby and ul move heaven and earth to protect him, he sounds a thoroughly decent man,(i have 5 kids) to of whom are teenagers do they get any better lol

[Whodini666]

I have got 6, do I win a prize?

[thewakers7]

the only thing is what do u and ur son want to achieve out of this, does he want to go back? with the way he has been treated or do u want to go down the lines of constructive dismissal?

[mariefab]

Dunno about a prize but I think you at least deserve a medal.

I thought I had my hands full with just 2.

[honeybee13]

Whodini, I'm starting to worry about you . You have 6 children and still think OOS's husband is wonderful?

 

HB .

[honeybee13]

Thewakers, the general opinion on this forum is that Constructive Dismissal is hard to prove. Maybe there is another way forward?

 

HB