Can i sue tesco for damages - metal distress?

gordikin

What did your 'support worker' do to help you at the time of all of this happening?

mynameisdave

TBF. Pretty poor from Tesco, the rights and wrongs of money for nothing aside the retailer I worked with always gave a goodwill gesture (even if only £10 or £20) for people wrongfully accused of shoplifting - but then they didnt make £2 billion a year :rofl:

*Chattie*

tired_one wrote: »

no! of course not, He grabbed me, surrounded me and did not ask me to, he demanded i did so, the fact physical contact was made is against the law, you telling me that being grabbed from behind would not frighten you, i just feel that why is a bit of respect too much too ask for, had it been how you describe i would not be in this position, plus there was no apology at the time? merely a oh ive made a mistake, you can leave now.

the op says he made contact with you not that he grabbed you and surrounded you so which is it?

System

*Chattie* wrote: »

so which is it?

Which one gets the most sympathy? 'cos that's the one we will go for

McKneff

To be honest, i think you are being a bit of a drama queen.

Its your mental problem that is making you percieve the situation as you did.

The man was doing his job.

Your support worker doesnt seem to have been doing theirs to be honest.

Just calm down, and get on with your life. They have apologised. Is a £20 gift voucher or a bunch of flowers going to stop these new panic attacks, of course they arent, if you say yes it will well the panic attacks arent real.

cyberbob

gordikin wrote: »

What did your 'support worker' do to help you at the time of all of this happening?

I get the feeling the Support worker has difficulty with the 'Support' bit of their job.

gordikin

Sue your 'support worker' for the lack of 'support'.

aveylee

Some very worrying replies to your problems here.
1. The first issue is Tesco's 'right' to detain you for thirty minutes if they reasonably suspect theft.
There is no such right. A security guard can only ask you to return with him, or effect a citizens arrest and then they may only detain you while the Police are summoned. They cannot detail you just to make inquiries.
They did not 'arrest you', you agreed to go with them, however if that agreement was made under duress then it was not freely given.

2. You state that they asked you to go to the back of the store with tem as you made your way to leave the store?
There is no crime of 'shoplifting' what it is theft ('Dishonestly appropriating property with the intention to permantly deprive the owner of it').
No theft would have occured until you physically LEFT the store. Therefore if they detained you before you physically left the premises then you could not have committed the actus reas of the offence (You can't steal something if you never take it away from the owner). If there is no offence there are no reasonable grounds to detain you.

There are two grounds you can potentially seek restitution (damages is but one form of restitution).
1. Unlawful imprisonment. If you did not leave the store and your agreement to return with the guards was made under 'duress' then you may be entitled to claim for that.
2. Slander. If the guard indicated that he thought you were a thief in the presence of your support worker, then he has 'lessoned or potentially lessoned your reputation in the eyes of another individual with whom you have a professional relationship.

However while you may have suffered 'harm' as indicated above it is not a clear cut issue, and any harm you have suffered is minimal.
You could claim compensation but Tesco's would likely defend any claim you bought, and for such a minor issue you have to ask yourself 2 questions; Can you afford it? and is it worth it?
For the first - I don't know, and for the second - probably not.

As suggested previously you would need to seek legal advice rather than rely on anything on this forum.

Coopdivi

Great entertainment. No no I mean it's a disgrace.

To be honest OP I'd do exactly the same as you. I wouldn't contact the CAB or a solicitor for advice. No, I'd register on an internet messageboard and with my very first post spill out the contents of my life to total strangers. And demand compensation.

tired_one

Well then i think its great that you can just detain someone for no real reason on private premises,

He COULD NOT have had any evidence of wrongdoing, esp what he says i did, I mean swapping labels wouldnt be something thats easy to mistake, putting something in my bag Ie a phone could be suspected as shoplifting but i did nothing that would have made him think i put a reduced sticker on a non reduced item.

Nice to see all you forum trolls have nothing better to do than give non constructive critism