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View Full Version : Can managers go through my bag without me present?


kethrol
Feb 1, 2014, 06:19 AM
I work at a hotel in england, I am on a zero hour contract which I read thoroughly before signing and it had no mention of managers searching through my bag when I'm not even present. My situation started when I had money stolen from my bag just before christmas.
I decided to rig my bag with a fluorescent spray a Dictaphone and a digital camara without telling anyone at work. (this is not the first time money and other belongings have gone missing from the staff room) when my bag was moved this week I decided I would check the evidence I had collected, I found that two of the 'Higher' managers had gone into my bag just to see what I kept in there. Didn't catch the thief but have concrete evidence that my human rights were violated. What can I do about this and what laws do I have on my side?

joypulv
Feb 1, 2014, 06:33 AM
'Human rights?' There are legal rights, and there are company policies. If something had been stolen (especially if your camera recorded a face) you would call the police and it would be treated as theft. Since nothing this time was actually stolen, you can still go to personnel or an even higher manager and complain. Why doesn't this company have lockers for pity's sake? With a history of theft from bags, I don't understand why employees put up with the arrangement, and it's rare these days to not have secure places for items.
Since nothing was stolen this time, I wouldn't expect management to do much, at least not with your knowledge. I doubt that there will be a meeting of all of you to ask them why they were in your bag. I could be wrong. The two you saw on camera will probably say that they were looking for something that someone else had stolen, even if that's not true.
But it's all you can do. For now, bring nothing of value to work in your bag and tuck a little cash in a pocket or wrist wallet.

smoothy
Feb 1, 2014, 07:00 AM
I agree with joypulv... that was NOT a human rights issue as was mentioned. If you don't have a secure place to lock up valuables...do not bring any you can not carry on yourself.

ScottGem
Feb 1, 2014, 07:10 AM
What "human rights" do you think were violated? A place of business generally has control over anything on the premises. Even personnel property.

On the other hand, I would still discuss this with the HR dept. These managers may have been acting without authorization and company policy may need to be set.

Fr_Chuck
Feb 1, 2014, 09:42 AM
I agree, it may well be managers doing the theft, or, some store items may have been stolen and they were checking everyone's bags.

It is not a human right violation, it may be a illegal search, but it also depends on company rules and also what agreements you signed.

I know most places I worked in past, has rights to search employees bags or belongings as part of employment

Catsmine
Feb 1, 2014, 10:57 AM
The consensus seems to be that "rights" do not come into the question. It could be argued that not even "privacy" issues were violated since there has been theft reported before and there were two people looking in your bag. The wisdom of leaving something to be searched/pilfered has been addressed, and unless you wish to bring in your own portable safe your only realistic option is to ask management for personal secure storage space or keep your bag with you at all times.

kethrol
Feb 1, 2014, 05:09 PM
Well actually it is a breach of my human rights as they have broken. Here is a quote from a lawyer turned journalist: As an employee you have rights, by law, to your own privacy at work - within limitations of course. According to the law that stands today, there are three main privacy rights that employees have, which both an employer and employee must abide by - use of telephone and email, surveillance and the right to protect personal data; the latter reflecting both parties. A general rule of thumb is to allow your employees privacy and help them feel comfortable in the office for example; let them have a personal space in the office, make space in office cupboards or provide lockers.An employer needs to follow the guidelines outlined in the Human Rights Act and respect the private life of an employee.

kethrol
Feb 1, 2014, 05:10 PM
I was hoping someone with a little legal insight might be able to help me but no bother.

kethrol
Feb 1, 2014, 05:19 PM
Here is an extract from EHRA: Your right to a private life means you have the right to some privacy in the workplace. You can't be monitored everywhere. If your employer doesn't respect this, they'll be breaching human rights law (as well as UK law).

joypulv
Feb 1, 2014, 05:22 PM
I took a look at the Human Rights Act of the UK but it is too much to wade through, and I am American, sorry. Here an employee has no expectation of privacy on phone and email used at work. There may be other differences. I haven't seen a responder on this site from the UK in a while.

ScottGem
Feb 1, 2014, 05:47 PM
Your excerpts refer to personal DATA. It provides GUIDELINES about personal space. We don't know where your bag was. But it appears a possibility that your privacy under the act may have been violated. Therefore you need to discuss this with personnel.

smoothy
Feb 1, 2014, 08:07 PM
Its not a breach of your human rights... if you seem to believe it is... then you should be able to quote some law that says it is. You are stretching things in the desperate hope of making them apply... sorry but thinking it is doesn't make it so. Many, many people find that out every day.

As far as claiming you can't be monitored everywhere... look no further than London... the city with the most extensive video surveillance in the world, bar none. If being watched was a violation of your human rights... everyone in London is having theirs violated the minute they step out of their flat or house, you can't move very far without being on one camera or another.

The hotel isn't your private house... its the employers... and except when you are in the loo... there is no expectation of privacy as it's a shared workspace space that other people use as well. MANY workplaces have video survielance in them....even in the UK.


However someone rooting around in your bag very well might violate a law (or it might not)....but it won't be a human rights issue. There are many situations where an employees bags can be checked, however most of them will be done in the presence of the employee if they like it or not.