Unjustly Stopped: Understanding My Rights as a Tesco Shopper if this happens again

jackrussell7

Hi Members,

I have been stopped by Tesco security at the exit on suspicion of theft twice in the last two years.

The first incident happened last year. I had checked out and paid at the self-service kiosk, collected my receipt, and then thrown it in the dustbin. My purchase was simple groceries like vegetables, costing less than £20. The security guard stopped me and asked for my receipt. I explained that I had discarded it. He insisted that I search the bin to retrieve it. It was extremely embarrassing.

I later complained to Tesco's head office. It took several reminders before they responded, stating that it was a branch issue and that the branch manager would call me. However, that never happened. After another two months and many reminders, they finally replied that the security guard involved no longer worked for Tesco and there was nothing more they could do.

The second incident happened just now. I intended to grab a few items like tomatoes and fruits, so I didn’t take a trolley. Instead, I put them in my Tesco shopping bag. A security guard approached me, stating that I couldn’t use my own bag and should use their basket. I smiled and assured him I would use the basket next time. After checking out and paying about £10, the security guard waited for me at the exit and searched me as if I were a thief. I asked to speak with the manager. The security guard accused me of being aggressive and threatened to ban me from all Tesco stores.

I was unhappy and took a photo of his name tag. He told me I wasn't allowed to do that, yet he filmed me with his chest cam. The manager arrived, and the guard threatened to call the police. The manager asked him to stand down and confirmed that there was nothing wrong with using my own bag instead of a basket. He said he would speak to the guard but implied that nothing more could be done for me.

From my last experience, I am tired of complaining because they will most likely ignore me. This incident can easily happen again, so I hope to know what my consumer rights are in this case, please.

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After reading through the posts and comments, I have a better understanding of the situation and realise I may have missed the main point: how the checks were carried out.

The first incident involved the security guard asking me to search through a bin to find my receipt, which I found excessive and intended to embarrass me.

As for yesterday's incident, if the guard believed I should have used a basket, a more constructive approach would have been to simply offer me one. When he checked my items, I only had six small items in my bag, which could have been easily reviewed with a quick glance. Instead, the guard insisted on checking the barcode of every single item against the receipt, which seemed excessive.

When the store manager arrived, he immediately noticed that my receipt was a reprint, which I explained that I hadn’t requested at the self-checkout. The manager also mentioned not finding "Spontex" on the receipt, and I promptly showed him the item. I found this interaction reasonable and was perfectly happy with how he handled it.

I prefer using self-checkout. As Bro Grumpy_chap, pointed out, the self-checkout sometimes requires a store assistant to check five items, which has happened a few times to me before. In those cases, the staff quickly scanned the items, even those deep inside my bag, and the whole process was completed in half a minute, which I found perfectly acceptable.

To draw an analogy, if I were purchasing alcohol, I’d fully understand being asked for ID. However, if I had to wait minutes because the staff wanted to call the DVLA to confirm my ID's validity and information, that would feel excessive and like an attempt to embarrass me.

eskbanker

jackrussell7 said:

This incident can easily happen again...

Not if you shop elsewhere!

In answer to your question, you don't have any right not to be stopped by security guards when leaving stores....

jackrussell7

This is my receipt... Is it necessary at all to treat me and embarrase me like this?

eskbanker

jackrussell7 said:

This is my receipt... Is it necessary at all to treat me and embarrase me like this?

Obviously the security guard felt it necessary to validate that you'd paid for what you had in your bag, which is part of his job - using your own bag is likely to appear more suspicious than a basket, so it's probably less likely to happen again if you use a basket in future.  No doubt it seemed like a power trip to you but conversely his account of the confrontation will presumably differ from yours!

Emmia

By using your own bag you're engaging in activities that shoplifters use to steal, and so a security guard is approaching you. 

When I worked in clothing retail we had to approach people with the "can I help you?" question to deter shoplifters. -I get annoyed like you if I repeatedly get asked this when browsing, I don't shoplift/steal but my previous employment gives me an understanding of the rationale they use (sometimes repeatedly) to approach me. 

If it happens too often I just leave, and don't buy, or don't shop there again - this choice is also open to you.

Grumpy_chap

jackrussell7 said:

I have been stopped by Tesco security at the exit on suspicion of theft twice in the last two years.

This incident can easily happen again, so I hope to know what my consumer rights are in this case, please.

Twice in two years hardly sounds like victimisation.

I agree, it could quite easily happen again.  It might be beneficial if it does happen again.  The random checks on exit are part of the revenue protection for the stores.  If there is no revenue protection, losses would increase and prices rise for us all.  

The random checks are quite possibly influenced by those observed with atypical behaviours.  Nothing wrong with putting everything in your own bag, then removing to scan through.  Even though you were acting with probity, one assumes you can see how others might put stuff in their own carrier bag, then remove and scan through £10 of items but "accidentally" overlook the £5 steak.

I am all for random checks if they keep everyone honest and more favourable prices for all.

LinLui

Neither situation that you describe seems out of order. Putting items directly into your own shopping bag would make me look at you twice, so I can see why a security guard might find that suspicious. Equally, I am sure "I threw away my receipt / wasn't given one..." would quite possibly be a regular from those who do shoplift. I am sure there are two versions of this - one in which you were very calm and the guard was totally unreasonable, and one in which you were getting annoyed and being angry and the guard was just doing his job. The truth probably lies somewhere in the middle. 

elsien

What outcome do you want? Because if it’s a guarantee that you will never be stopped by a security guard in Tesco ever again, that’s not going to happen.

I would however have declined to rummags through a bin for a receipt, and would have suggested the security guard might like to do so themselves if they were so keen to see it. 

Although as an aside I have noticed that more people now say no when asked at the till if they want to a receipt. I’m not sure how how anyone would prove anything in those  circumstances if stopped at the door. 

the_lunatic_is_in_my_head

Hello OP

Security guards are ordinary people like you and I with no extra powers which means they only have powers of what some may refer to as "citizens arrest". 

I've said on here before that low value shoplifting is a summary offence and the powers of "citizens arrest" don't apply but that was incorrect as that power still remains for that offence. 

Use of force should be necessary and there should be reasonable grounds, generally speaking if someone felt that wasn't the case I believe they can file a civil claim for damages. 

You and I, or security, don't have powers of search, they can only look through your bags or whatever with your consent, if you didn't consent the store, should they wish to, should instead call the police to preform a search. Whether you feel the police attending instead is in your best interest is a personal opinion.

This was covered by BlackBeltBarrister on Youtube: 

https://www.youtube.com/watch?v=552AHhahQMg

In terms of filming or photography AFAIK there isn't anything unlawful about filming in a place such as supermarket which has open access to the public but of course if in a privately owned place they could ask you to leave and/or not return but it is a good idea to film any encounters such as this as the camera doesn't lie.

Again AFAIK you'd be entitled to a copy of any body worn camera or CCTV footage under data protection but that of course assumes it isn't deleted. 

I also think it's wise to keep your receipt. 

Grumpy_chap said:

I am all for random checks if they keep everyone honest and more favourable prices for all.

Whilst you are free to comply with a random check you would also be free to walk away, there would be no powers to detain as picking people at random lacks either an offence being committed or reasonable grounds to suspect one  

mr_stripey

I've been stopped a couple of times (when the security scanner beeps when I walk through it - which it seems to do frequently - even when entering the store). It's no biggie really is it?

The receipt thing is weird though. Often the checkout operator will ask if I want my receipt, so presumably it is ok and normal for an exiting customer to not have a receipt? Not sure what they would do if they stopped my having declined my receipt?

Flugelhorn

don't get this - we always use a zapper in tesco and the stuff goes straight into my own bag - lots of people do this.