New rules at work - checking customer's bags: Where do I stand?

ivoryandgold

Once again, thanks for your replies. Another Update:

The first person was sent home from work without pay today for refusing to carry out bag searches. The disciplinary procedure was not invoked, he was just sent home without pay. I have drafted a letter to HR and intend to not go into work until I've heard back (I'm on a zero hours contract so I am not contractually obliged to - I also know I cannot be suspended until I actually go in and physically refuse to do the job).

I was told that by doing bag checks we would be a 'visual deterrent' which I believe comes under the responsibility of a 'security operative' under paragraph 2 (3) of Schedule 2 of the Private Security Industry Act - 'In this paragraph references to guarding against something happening include references to so providing a physical presence, or carrying out any form of patrol or surveillance, as— (a)to deter or otherwise discourage it from happening'. What do you guys think?

Thankyou so much, your responses are really helping me.

elsien

If you're on a zero hour contract, they don't have to suspend you. All they have to do is to stop giving you any work, then you're effectively jobless anyway.
As long as you're prepared for that.

whitewing

According to this document from the government, screening of bags is a significant deterrent, so if you do raise the issue, ensure that you stress that you understand it is very necessary, but your concerns regard who is most suitable/effective to perform the role, or who is available to deal with an escalating complaint, ie you don't want to hold up a whole queue because someone is complaining.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/374629/Cinemas_Theatres_Reviewed.pdf

getzls

pupgrum wrote: »

You can ASK customers to allow you to search their bags or open their bags for you to look, but they can refuse. It's not illegal asking. Only illegal if you forcefully grab someone's bag lol.

Of course you can ask, but in my view you need an SIA licence to do so as this would fall under Security. And if you are acting as Security by law you need a licence.
And it's not always illegal to grab someone's bag.:cool:

SeduLOUs

I'd probably approach it from the health and safety angle.

You don't understand what is expected of you and believe there to be significant risks either via the contents of the bags themselves (sharps etc) or from the customers (possible aggressive or violent reaction), and you are not willing to undertake this work until the risks are adequately assessed and appropriate training is provided.

Also best to not show your 'knowledge' about it - if you talk about putting your hands in people's bags in your communications it will further highlight that you are inappropriately trained to undertake such an activity.

A dismissal for refusing to comply on the grounds of health and safety would be an automatic unfair dismissal.

Get as many colleagues as possible on board - employer is more likely to sit up when 10 of your refuse rather than them thinking of you as a single 'troublemaker'.

chuckley

ivoryandgold wrote: »

Once again, thanks for your replies. Another Update:

The first person was sent home from work without pay today for refusing to carry out bag searches. The disciplinary procedure was not invoked, he was just sent home without pay. I have drafted a letter to HR and intend to not go into work until I've heard back (I'm on a zero hours contract so I am not contractually obliged to - I also know I cannot be suspended until I actually go in and physically refuse to do the job).

I was told that by doing bag checks we would be a 'visual deterrent' which I believe comes under the responsibility of a 'security operative' under paragraph 2 (3) of Schedule 2 of the Private Security Industry Act - 'In this paragraph references to guarding against something happening include references to so providing a physical presence, or carrying out any form of patrol or surveillance, as— (a)to deter or otherwise discourage it from happening'. What do you guys think?

Thankyou so much, your responses are really helping me.

Bet the management don't put themselves on the frontline though...

keep fighting this. this is a huge security issue for all of the staff involved, which is ironic considering...

haha @ 'visual deterrent'! how the heck does that cover searching a bag?! LOL nonsense from your bosses.

zyonchaos

I am a member of the armed forces, so occasionally have to do guard on the main gate or at events such as air shows I have to do bag and vehicle searches. Despite being in the military and having a fair idea of what we are doing we still get a robust training package before hand to make sure we know what we are looking for.
Even then we will have military police and search dogs with us as they are the professionals, so if there is anything we are unsure of they deal with it.
OP as you are on a 0 hour contract, then they do not have to give you work if you do not go in to work. If you want to fight this and keep your job then I would go in and argue it, if they dismiss you then you can argue unfair dismissal.
I would refuse to carry out searches without training, as one other commenter mentioned "do you know what plastic explosive looks like?" do you know that it isn't a brick sized object (like you see in the movies) all the time? Is there any tell tale smell, that could help you identify it? The list of questions are endless and you are not trained for any of them!

robatwork

Would be fascinated to know your employer's definition of CHECK as opposed to SEARCH. You should ask them to document exactly what is expected.

One could argue that you are checking it's a bag - "yep, that customer has a bag". To look inside is by definition searching, or are they saying that if you don't put your face down towards the bag to look inside it's still just checking?

BTW I think it's an unreasonable request from your employer without adequate training and reward for this new role.

xapprenticex

You're on 0 hour contract anyway so basically if you dont do as they say, you'll have 0 hours of work per week. Just got to decide if you want the hours or not.

chuckley wrote: »

Bet the management don't put themselves on the frontline though...
.

Whole point of management is delegation, for better or for worse.

SeduLOUs

xapprenticex wrote: »

You're on 0 hour contract anyway so basically if you dont do as they say, you'll have 0 hours of work per week. Just got to decide if you want the hours or not.

This is where the power of numbers comes in. If all of the staff (or even a significant number) band together to refuse, it's unlikely they are going to look to replace everyone.