Stop and search

Case 5: The facts

Grattan, the catalogue company, had an agreement with the union that allowed the company to stop and search employees on a random basis to reduce incidents of theft. Mr Trotter objected to the policy and refused to submit to it. He brought a claim of constructive dismissal.

The ruling

The EAT held that the employer did have the right to implement the policy. The imposition of the policy was a unilateral variation to Trotter's contract, which in this case amounted to a fundamental breach of contract, but the dismissal was still fair for "some other substantial reason".

The new policy had been the subject of consultation and information and was agreed by the unions. It was not used arbitrarily against individuals. It was not reasonable to require an employer to differentiate between employees based on their individual attitudes to the new policy.

Trotter v Grattan EAT/0179/03