Disability discrimination at Sainsbury’s self‑checkout? Need guidance.

lincroft1710

An unfortunate incident, but the staff member was only trying to do their job and may not have been aware that the symptoms of Parkinsons can mirror those of an intoxicated person, It happened 3 weeks ago and cannot be undone and the staff member was probably correct in asking for assistance from colleagues if they believed the situation was getting out of hand.

I would dispute that this was disability discrimination, unawareness of the disability probably, but your mother was not refused the sale of alcohol on the grounds that she suffered from Parkinsons.

I would suggest it would only cause your mother more upset to pursue this any further. Sainsburys appear to have now addressed the matter and I would leave it at that.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81944823#Comment_81944823

"… I would dispute that this was disability discrimination, unawareness of the disability probably, but your mother was not refused the sale of alcohol on the grounds that she suffered from Parkinsons…"

I think I'm inclined to agree that this probably was not a case of disability discrimination.

The OP doesn't detail the symptoms their mother displayed on this occasion, but if those symptome could reasonably be taken to indicate that somebody not suffering from Parkinson's was intoxicated, then i think the store employee probably made the right decision.

Yes it's embarrassing; yes it's distressing; yes it's unfair - but I don't think it's necessarily disability discrimination.

I don't see any benefit to anyone by taking this further

Chandler85

This isn't really a citizen's advice issue, there is a service that exists to help answer questions around the Equality Act etc.

Equality Advisory and Support Service

Whether it quite amounts to discrimination is another thing, I remember a weird caveat from my time in retail that once you have refused sale of alcohol you can't then can't change your mind, someone else could sell to that person but you can't. So if you are challenge someone for ID and they don't have it, and you have to refuse the sale, you can't then decide they might be old enough.

Similarly if you think someone may be drunk and you refuse the sale, you can't then change your mind after, which might even be what the staff member meant when they said that it was too late they have said it now.

I still remember always talking to people briefly if I suspected they might be drunk to see if they had the smell of alcohol on them before making a decision, a quick do you need any help, and the person replying no I'm alright, it's just my X, Y or Z condition, makes things much easier. Though not always possible with 1 person serving about 16 self checkouts!

Silver_Shark

The OP hasn't returned to the thread and I am curious to know what was the disability badge her mother showed in store. Surely an explanation of I'm alright it's just my condition would have been sufficient explanation.

MattMattMattUK

I agree with those who take the view this is not disability discrimination. Whilst it is an unfortunate incident, retailers are required by law to not sell alcohol to intoxicated persons, the symptoms your mother has cancer because both intoxication and Parkinson's, but they can also be both, they are not mutually exclusive. They did not refuse to serve her because she had Parkinson's but because she had symptoms of intoxication. Whilst I appreciate to her it might appear to be the same end result, but it is more complicated than that.

They are also not going to tell you what has happened to the employee, that would be a data protection breach.

Time to move on and not waste any more energy on this for everyone's sake.

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/comment/81945452#Comment_81945452

Generally no, one cannot take the word of someone not being intoxicated as permission to sell them alcohol. It is a quirk of English law that one is not allowed to sell alcohol to intoxicated people, supermarkets are usually fairly strict on this.

dnpark38

@Silver_Shark

When my wife goes out she wears her Sunflower lanyard with her disability card on the end of it.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81945506#Comment_81945506

Where do you get these from?

!!!!!! Mrs is disabled & has nothing to prove she is disabled, other than bule badge, which would always be in car, so as not get get a ticket for parking in disabled space.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81945942#Comment_81945942

Presumably this (supported by Sainsbury's among many others)?

https://www.disabilityid.co.uk/

born_again

https://forums.moneysavingexpert.com/discussion/comment/81945950#Comment_81945950

So is something you have to pay for.