Wrongly accused of shoplifting

spiritus

A friend of mine has just contacted me in tears after having been wrongly accused of shoplifting.


She went on a shopping trip with her best friend to their local Boots store at a retail park and saw a promotion that was advertised on one of the shelves that if you bought items of more than £ 15 then you would get a free gift worth £ 30.


They didn't have enough in their basket to qualify for the free gift and so selected a few other items to take them over the £ 15 threshold and then went to the counter to pay.


The assistant ran their items through the till and it became apparent to my friend that the gift was not going to be offered and so they asked about the gift only to be told that the store didn't have any more free gifts left. They explained to the checkout girl that they had bought extra items in order to qualify for the promotion but were told that the promotion was "subject to availability".


My friend (who isn't English) wasn't happy about this and in her own language said sarcastically to her best friend that maybe the staff just say that to customers and then take the free gifts home to sell on Ebay.


They then paid for the items in their basket were leaving the store when the checkout girl said "goodbye" in their own language (she was obviously the same nationality and must have understood the comment that my friend had made). My friend then left the store and walked into a different store next door to Boots to continue their shopping trip.


After a few moments they heard someone call them and looked behind to see a security guard approach them. He was the security guard from Boots and accused them of not having paid for all their items and that an item was missing from the store and he needed them to go back with him to the store so he could check their bags. He wasn't discrete and they were embarrassed and shaken by this accusation especially in front of all the other customers in the store but agreed to walk back with him to the store at which point my friend demanded a manager be present.


Whilst my friend was explaining to the shift manager what they had bought and showing the shift manager the receipts the checkout girl then said to the shift manager that it was ok as she must have been mistaken (or words to that effect).


The shift manager then apologised and explained the security guard should not have followed them into another store anyway.


My friend said she wanted to make a complaint and she was told the store manager would be available on Monday to speak to her but she also mentioned that the security guard wasn't actually employed by the store but by a security company....


Sorry for being so long winded about this !


So....does the store have a responsibility to remove advertising a promotion that is effectively no longer available and by not removing the advertising (even though the store are clearly aware the promotion is no longer valid) are they misleading the customer ?


Secondly, can a security guard stop a person based on the testimony of a shop worker or does the security guard have to witness an item being stolen to be able to apprehend someone ?


Can my friend demand to know what evidence the security guard had in order to feel that she had stolen something and what steps should/could my friend take now ?


Thanks

HOWMUCH

It could have been the security guard, member of staff or member of public. But I'm not sure about going into another shop to follow them, I know at my sons place of work they can only ask someone to return to the store whilst still on the company premises, this does include the car park.

jenniewb

In regards to the freebie offer, they can continue to advertise as in the small print which will exist somewhere, it will state "while stocks last" or words to that effect. They may get more in, they may have run out for good but either way they can advertise it as being free even if they have run out.


I'm not sure on the rules of the security guard issue are but I do know that once a customer has left the store with items they believe have not been paid for they have been seen as committing a crime and anyone can make what is called a Citizens Arrest (even people who are not designated security guards.) This is totally legal, and if for example the security guard had committed a crime by (for example) taking the bag from the customer without having been given permission or had broken items in the bag and refused to compensate, it would have been just as legal for the customer to make a citizens arrest on the security guard and call for Police to resolve the matter.


I'd ask your friend to contact Boots and explain what happened. There is no reason Boots should resolve the situation but if I'd had a poor experience due to shopping in a store, I'd want the company to know about it.

Spendless

I don't know the answers to your questions but about 4 years ago I was wrongly accused of shop lifting by a shop assistant who confronted me in front of other customers, all I'd done was hitched my shoulder strap from my bag up my arm because it had slipped. I complained in writing to the stores HO and was sent an apology and some gift vouchers; which I spent in a different branch to the one the incident happened in.

thefirs

If you are falsely accused of theft like this, then the correct response is to say to the person challenging you that they are mistaken; enquire whether they are arresting you, and if so then you will not resist arrest but that they personally and their employer will be pursued jointly for damages for defamation and false imprisonment. Ask for their name, that of their employer, and try to get a witness to accompany you. Alternatively use your phone to record their actions.

lushlifesaver

Store security can follow you and approach you in another store - there is a degree of tact and manners that should be executed perhaps but then not everyone thinks like that.


Many shopping areas actually have an internal security network where other store's security will be alerted and may also choose to pursue a suspect or may inform those at the original store of their whereabouts if a theft is suspected.


Sadly your friend isn't the first person this has happened to and she is unlikely to be the last

lisyloo

Your friend was quite spiteful in accusing the staff of stealing. so perhaps it's a good idea not to go around accusing innocent people? as it doesn't look like they liked the tables being turned.

No a store is not required to take down advertising the instant the last product goes out of stock. that's no excuse for the spiteful accusations made.

The guard is entitled to ask your freind to return and your friend is entitled to enquirer about the evidence however your friends false allegation may come up as well.

Looks like they brought this on themselves and shouldn't go around making false accusations.
I think they got a taste of their own medicine by being falsely accused.
Hopefully now they know what it's like they'll stop falsely accusing others.

BykerSands

thefirs wrote: »

If you are falsely accused of theft like this, then the correct response is to say to the person challenging you that they are mistaken; enquire whether they are arresting you, and if so then you will not resist arrest but that they personally and their employer will be pursued jointly for damages for defamation and false imprisonment. Ask for their name, that of their employer, and try to get a witness to accompany you. Alternatively use your phone to record their actions.

The correct response is to establish their reasonable grounds. If the have reasonable grounds then you have nothing to pursue than for.

bris

spiritus wrote: »

My friend (who isn't English) wasn't happy about this and in her own language said sarcastically to her best friend that maybe the staff just say that to customers and then take the free gifts home to sell on Ebay.

What goes around comes around.

Poppie68

I love the Shop assistant, sorry op but your friend had accused the staff of being thieves so the assistant got her own back, karma bites you on the bum sometimes.

Takeaway_Addict

thefirs wrote: »

If you are falsely accused of theft like this, then the correct response is to say to the person challenging you that they are mistaken; enquire whether they are arresting you, and if so then you will not resist arrest but that they personally and their employer will be pursued jointly for damages for defamation and false imprisonment. Ask for their name, that of their employer, and try to get a witness to accompany you. Alternatively use your phone to record their actions.

Persued for what loss? Nothing- You will not get any money.