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At common law, an employer does not have an automatic right to search an employee’s body, personal belongings or locker. If an employer wishes to introduce a right to search, a written policy is a good starting point.

If an employer plans to introduce a right to search policy:

  • the policy should be developed after consultation with employees, and where necessary, the relevant unions;
  • employees must be advised of the circumstances in which a search may take place, how a search will take place, and the consequences of a breach of the policy; and
  • employees should receive a copy of the policy and be asked to sign a simple acknowledgment.

There are a number of requirements that should be clearly set out in a right to search policy for guidance please see our Sample Security Policy (Theft). 

This policy is a sample only.  Employers should seek advice from Ai Group in tailoring this policy to the particular needs of the organisation.  

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Date Update
28/6/2020 This policy has undergone a periodic review and no significant changes have been made. 

 

 

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