Employee searches – what does signed consent mean? And what if the employee subsequently refuses to be searched?

To conduct a search of an employee without their express consent could constitute assault, battery, false imprisonment and/or sexual assault. There may also be civil remedies available to the employee for the civil offence of trespass to the person.

In addition, searching your employees without their consent would almost certainly be seen as a breach of the mutual duty of trust and confidence between employer and employee. This could entitle the employee to resign and claim constructive dismissal. Some employers include an express stop and search provision in their contracts of employment - employees will be deemed to have given their consent when entering into and signing the contract.

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