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

sammyjammy

This reminds me that you can shop in M&S food using your phone and then pay on your phone and leave the store, makes me feel like a shop lifter!

Marvel1

jackrussell7 said:

 He said he would speak to the guard but implied that nothing more could be done for me.

What did you want?

jackrussell7

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.

timjim

the_lunatic_is_in_my_head said:

Grumpy_chap said:

Why would anyone just going about their normal, honest shop not simply be polite, allow the quick bag check and carry on?  That is probably the quickest resolution, benefits us all by reducing the passed on cost of theft, and not doing that in a pleasant way probably creates the reasonable grounds to suspect an offence.

Indeed, I just think it's important to note it's optional, if everyone is honest the store representative will tell you it's a random check and if you politely declined that should be the end of the discussion. The whole being honest and doing the decent thing should go both ways.  

So a shoplifter who politely declined a check would be allowed to just walk out of the store

Pollycat

jackrussell7 said:

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.

I'm gob-smacked that the manager said this ^^^.

I sometimes pop into Tesco for just a few items and don't use a basket but would never dream of putting unpaid-for items in a Tesco shopping bag (or any other personal bag) even though I will have one in my bag for after I've paid for the items.

the_lunatic_is_in_my_head

timjim said:

the_lunatic_is_in_my_head said:

Grumpy_chap said:

Why would anyone just going about their normal, honest shop not simply be polite, allow the quick bag check and carry on?  That is probably the quickest resolution, benefits us all by reducing the passed on cost of theft, and not doing that in a pleasant way probably creates the reasonable grounds to suspect an offence.

Indeed, I just think it's important to note it's optional, if everyone is honest the store representative will tell you it's a random check and if you politely declined that should be the end of the discussion. The whole being honest and doing the decent thing should go both ways.  

So a shoplifter who politely declined a check would be allowed to just walk out of the store

Such is life No different to someone walking down the street with a weapon in their pocket, the police would still need reasonable grounds to search rather than picking people at random.

It's a moral matter questioning where the line between freedom and enforcement lies which humanity has been trying to get right for a very long time.

On this point specifically it's a legal matter that reasonable grounds are required so security stopping at random is voluntary, stopping with reasonable grounds comes with the power to detain. 

Undervalued

timjim said:

the_lunatic_is_in_my_head said:

Grumpy_chap said:

Why would anyone just going about their normal, honest shop not simply be polite, allow the quick bag check and carry on?  That is probably the quickest resolution, benefits us all by reducing the passed on cost of theft, and not doing that in a pleasant way probably creates the reasonable grounds to suspect an offence.

Indeed, I just think it's important to note it's optional, if everyone is honest the store representative will tell you it's a random check and if you politely declined that should be the end of the discussion. The whole being honest and doing the decent thing should go both ways.  

So a shoplifter who politely declined a check would be allowed to just walk out of the store

Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

However, that doesn't mean the store has to serve somebody behaving in a questionable manner, they can simply tell them to hand the goods back and leave the store.

Undervalued

Pollycat said:

jackrussell7 said:

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.

The manager asked him to stand down and confirmed that there was nothing wrong with using my own bag instead of a basket.

 I'm gob-smacked that the manager said this ^^^.

I sometimes pop into Tesco for just a few items and don't use a basket but would never dream of putting unpaid-for items in a Tesco shopping bag (or any other personal bag) even though I will have one in my bag for after I've paid for the items.

I imagine he meant there was nothing legally wrong (despite being very suspicious)!

the_lunatic_is_in_my_head

Undervalued said:

Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

I assume you could create doubt by saying as you hadn't left the store you intended to pay for the items, whether a court would believe you or not is another manner, if you have a pack of shaving blades stuffed up your jumper I think it's hard to suggest your intent wasn't to deprive and as the item is on your person you've already appropriated it? 

Ergates

the_lunatic_is_in_my_head said:

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  

Bearing in mind that a shop is free to refuse entry to anyone who has refused to cooperate with a random check, if they so chose.