workers rights? bullying employer.

Discussion in 'CycleChat Cafe' started by piedwagtail91, 26 Feb 2008.

  1. my son works part time ,along with several others, in an off licence.
    their boss had said that when they go into work they have to list in a book how much money they have in their wallet/purse and if they smoke how many cigarettes thay have with them.
    it would seem that the owner at some stage may then come into the shop and demand to check their money /fags to see if it matches the list.
    i said that this was well out of order but can't find any help on the web to back it up.
    are there any knowledgeable people out there can point me in the right direction?.
  2. Gerry Attrick

    Gerry Attrick Lincolnshire Mountain Rescue Consultant

    For heck's sake, why work for a pillock like that?
  3. OP

    piedwagtail91 Guest

    it's only a quarter of a mile away. it has just recently been taken over by this new owner.
    i think if his attitude doesn't change he will need new staff.
  4. ChrisKH

    ChrisKH Veteran

    Stop and search is actually possible under contracts of employment, I think, if employees work with valuable assets. It might be possible to say you can't take personal belongings to work, or that they must be placed in a secure place at work but I don't think employers can demand to know what you have on you of a personal nature. I'll ask the missus. Fairly certain it would have to be in writing though and you would have to sign in agreement.
  5. Bigtallfatbloke

    Bigtallfatbloke New Member

    Has he been given any reason to suspect them of theft? if not it sounds like an invasion of privacy to me.

    Is there some other motif perhaps, like making their lives as miserable as possible so they leave ...rather than him terminate the contracts early for no good reason etc?

    My experience of employment tribunals is that bullying is a difficult thing to prove. There needs to be specific and evidenced instances with witnesses. If they suspect bullying they need to keep detailed records, get signed witness statements etc...they also need to raise their concerns with the employer in a reasonable and documented manner and follow any formal grievence proceedure that might be in place.

  6. Gerry Attrick

    Gerry Attrick Lincolnshire Mountain Rescue Consultant

    Sorry guys, but I can think of no valid reason to justify this action, legal or not. Let him find another mug.
  7. OP

    piedwagtail91 Guest

    i felt it was invasion of privacy. i don't think anything has been nicked. morale at the shop has plummeted since the change. i told my son to look elsewhere as it's only part time , but wondered if he could be forced to comply in the meantime. personally i'd be inclined to deck the pratt, but was advised by the wife that i wasn't being very diplomatic!
  8. mondobongo

    mondobongo Über Member

    Possibly Constructive Dismissal if he has the time served, its unreasonable behaviour on the part of the Employer. More reasonable approach would have been to provide secure lockers and request no personal property is taken onto shop floor but is left in lockers instead.

    I have worked with right of search in my contract for 22 years and been searched and conducted search. Its a minefield employee entitled to a witness person carrying out search must have a witness. Employee must be asked if they consent to search possible Gross Misconduct if they refuse. Limited what you can do ask to empty pockets bag remove shoes run fingers through hair around waistband pf trousers and thats about it. Drummed into us do not touch them do not ask to remove clothing if we are dammed sure they have something its a get the Police job.
  9. OP

    piedwagtail91 Guest

    i'll mention the secure lockers thing.
  10. bonj2

    bonj2 Guest

    At the end of the day what he's doing is probably illegal not legally enforceable, and without seeking to justify it, you can probably understand why he's doing it. He's perhaps sick to the back teeth of money going missing and either not known who to accuse, or been met with indignant hauty denial when he's tried to ask about it.

    Your son should either, (a) give up working for him, (:biggrin: go along with his requests including cooperating with any inspection, iow be scrupulously correct, until he gets the message that since your son is willing to cooperate and is completely trustworthy, (c) put down that he had MORE than he actually has, so then if the boss comes in and finds less, he can then say "oh, well some money must have fallen out of my pocket and into the till! I'll just take it back."

    That's called 'constructive dismissal', and it's illegal.
  11. Cycling Naturalist

    Cycling Naturalist Legendary Member

    Hmm.........if there's a problem with employee thefts/allegations of same, then I wouldn't like to rule it out. In law it's treated as a variation of the contract of employment and if it can be justified then it's ok. Employment law is a bit of a difficult mix between being "right on" and authoritarianism. Individual rights get scant mention in the law reports.
  12. col

    col Veteran

    Some years ago ,i was a manager of a retail store,in a large chain.Part of the contract was to be searched randomnly,as and when required.The only no no.was a male searching a female,for obvious reasons.Anyway,this type of search,was made clear to be a random,and unexpected thing,and wasant in any way,an acusation,but to help in detering those that might do something dishonest.There had to be a witness at any of these searches,and i personally had no problem with it,if your honest and conciencious(spelling?)i would treat it as part of the everyday routine,even though it was rarely done.They are only safeguarding their income afterall.
  13. Keith Oates

    Keith Oates Janner

    Penarth, Wales
    It seems that the new owner has experienced pilfering before and is trying to stop it in this shop. That I can understand but the way he's gone about it leaves a lot to be desired. The best option is to try and find another job!!!!!!!!!!!!!!!
  14. col

    col Veteran

    I agree,if its being done in such a way,that it makes you feel uncomfortable,it would seem another job is probably the answer.
  15. Danny

    Danny Legendary Member

    Adviceguide which is run by the CAB Service has an article on monitoring employees at work which may be helpful.
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