Reply to: Clause to search me and my car ?

[basshead]

[EternalOptimist]

When I asked the agent about removing the clause he just argued.

Look at it from his point of view.
He is sitting there thinking 'I already have this guy bent over, giving him the full greasy barge-pole, and he's whinging about one little finger in a rubber glove'

[unixman]

I don't mind having my bag searched. Who would ? But a personal search is a different thing. It might mean a pat down, turning out my pockets, in fact it could mean an awful lot of things. As I said, this is not a secure site. It is not the Royal Mint or an "Ipod Factory" or an MOD base, otherwise I would understand the need for searching and agree to it.

When I asked the agent about removing the clause he just argued.

[centurian]

If they thought I was stealing something they should do what normal people do and phone the police.

If they thought a few post it pads on my last week was worth it.

Personally I would tell them to f off, unless I had hungry children to feed.

Even assuming you sign it, can they actually enforce it at the point that they want to search you.

It's not like they can physically force you to submit to a search. All they can do is declare you in breach of contract and dismiss you with immediate effect.

Or can they...

[expat]

I agree comrade! do NOT remove your tinfoil hat, i have information. Unplug your microwave NOW, it has been compromised. Are you into conspiracy or just fancied posting an offensive reply for the sake of it?

The "simplistic" term "if you have nothing to hide, you have nothing to fear" only appears in your own posts. Don't put words into my mouth.

Your words were

If you are not going there with the intention of nicking stuff then why be bothered by it?

The big difference between that and my characterisation escapes me.

As does the justification for your aggression and sarcasm.

As does the reason why I'm wasting my precious time on you.

[Durbs]

I do have a problem with any simplistic suggestion that if you have nothing to hide you have nothing to fear.
Not the same thing.

I agree comrade! do NOT remove your tinfoil hat, i have information. Unplug your microwave NOW, it has been compromised. Are you into conspiracy or just fancied posting an offensive reply for the sake of it?

The "simplistic" term "if you have nothing to hide, you have nothing to fear" only appears in your own posts. Don't put words into my mouth.

This is a simple black and white contract clause, i've worked in distribution depots where this appeared and we were regularly searched along with our motors. It wasn't a ploy to collect our DNA or plant enriched Uranium on us and bundle us off to a camp but simply the fact that a lot of the staff were robbing bar-steward temps, the goods on show were enticing and a jacketfull was worth a lot of cash.

So i'd say in this case, if you have nothing to hide, you have nothing to fear. If i were a hiring manager and a potential employee refused to sign this area of the contract i'd simply tell him to feck off.

[expat]

Load of balls.

I take it you never get on a plane then? A company has the right to protect its property and i'd make the assumption as they've chosen to include that clause then they have had issues in the past.

It seems strange that people immediatly read something 'sinister' into a simple clause to cover themselves if they suspect you've filled your pockets or boot with iPhones.

I don't have any issue with the company doing so, and I never suggested, or reasonably gave any impression, that I did.

I do have a problem with any simplistic suggestion that if you have nothing to hide you have nothing to fear.
Not the same thing.

[Durbs]

Wonderful. The "if you have nothing to hide then you have nothing to fear" fallacy at its best.

Load of balls.

I take it you never get on a plane then? A company has the right to protect its property and i'd make the assumption as they've chosen to include that clause then they have had issues in the past.

It seems strange that people immediatly read something 'sinister' into a simple clause to cover themselves if they suspect you've filled your pockets or boot with iPhones.

[expat]

It's not the possibility of being searched that bothers me so much, I just don't want to walk around the office knowing they have the right, it would be intimidating. I mean, even the Police can't search you/your car without a reason and lots of paperwork.

You think so?

Section 44 of the Terrorism Act 2000 allows police officers to perform random searches. No grounds for suspicion are required.

[expat]

Why the big hoo-ha? If you are not going there with the intention of nicking stuff then why be bothered by it?

Wonderful. The "if you have nothing to hide then you have nothing to fear" fallacy at its best.

Mind if I search you?

[Durbs]

Why the big hoo-ha? If you are not going there with the intention of nicking stuff then why be bothered by it?

Unless it is an iPod factory or something and you ARE going there with the intention of nicking stuff then fair enough, cross it out.

[Pickle2]

Dont be such a DQ. They just want to be able to check your bag on the way out to make sure you are not pinching kit from the site. Fairly common practice.

In reality, the blokes on the door rarely (if ever) stop you.

[Ravello]

I worked on an APACS accredited site where the same clause was applied to all staff, suppliers and visitors. Again, it was rarely used (and I personally was never searched), but in order to retain the accreditation anyone going on site had to agree to these conditions.

Depends how desperate you are for a contract but based upon the search clause I wouldn't worry about it.

The other 'deliverables' and 'weekly review' clauses sound like more of a concern. I'd suggest that these are likely to impact your IR35 status as could easily be interepreted as direction and control.

[swamp]

I've seen contracts before where clientco wanted the right to monitor & record business and private telecommunications including email.

HMG has this right now!

[Not So Wise]

I am assured by the agent that they have loads of happy contractors on the same terms,

Funny how agencies ALWAYS say things like