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Tesco Advise

Hello.

I was recently leaving my local TESCO when this rude security man stopped me claiming he saw me shoplifting, which I would never do as I am a law student.

I politely asked to see his SIA thing which all security men are required by law to have but he tried to say he was exempted due to being hired by TESCO [Again all security people need a SIA thing].

He then tried to frog march me to a private room [ Which is assault and kidnapping].

Luckily for me [ or so I thought] a policeman entered and came to assist and before rent a cop could speak, I advise the police man that rent a cop was breaking the law working without a SIA thing and I even showed him the proof that backed me up but even then police man said rent a cop didn't need one [Lies}

Anyway to cut a long story short. It was proven that I had not committed a crime however I have now been banned from all stores which I know is against the law.

Any advice on this?

I shall be suing TESCO as well to recover all monies I have spent with them.

Scroll to see replies

Tesco is **** anyway so why would you care.
Original post by SonicOfPron
Hello.

I was recently leaving my local TESCO when this rude security man stopped me claiming he saw me shoplifting, which I would never do as I am a law student.

I politely asked to see his SIA thing which all security men are required by law to have but he tried to say he was exempted due to being hired by TESCO [Again all security people need a SIA thing].

He then tried to frog march me to a private room [ Which is assault and kidnapping].

Luckily for me [ or so I thought] a policeman entered and came to assist and before rent a cop could speak, I advise the police man that rent a cop was breaking the law working without a SIA thing and I even showed him the proof that backed me up but even then police man said rent a cop didn't need one [Lies}

Anyway to cut a long story short. It was proven that I had not committed a crime however I have now been banned from all stores which I know is against the law.

Any advice on this?

I shall be suing TESCO as well to recover all monies I have spent with them.


They banned you from all Tesco stores? That's bad :frown:


Posted from TSR Mobile
Original post by SonicOfPron
Hello.

I was recently leaving my local TESCO when this rude security man stopped me claiming he saw me shoplifting, which I would never do as I am a law student.

I politely asked to see his SIA thing which all security men are required by law to have but he tried to say he was exempted due to being hired by TESCO [Again all security people need a SIA thing].

He then tried to frog march me to a private room [ Which is assault and kidnapping].

Luckily for me [ or so I thought] a policeman entered and came to assist and before rent a cop could speak, I advise the police man that rent a cop was breaking the law working without a SIA thing and I even showed him the proof that backed me up but even then police man said rent a cop didn't need one [Lies}

Anyway to cut a long story short. It was proven that I had not committed a crime however I have now been banned from all stores which I know is against the law.

Any advice on this?

I shall be suing TESCO as well to recover all monies I have spent with them.


sue them for banter.... they also treat their staff like **** as well (speaking from experience here... got sick of it in my gap year and changed to sainsburys)
Reply 4
Original post by Tony_LeaS
Tesco is **** anyway so why would you care.



As they have no legal power to ban me from their stores plus the security man broke the law of the land
Original post by SonicOfPron
As they have no legal power to ban me from their stores plus the security man broke the law of the land


Law of the land, this isn't the 1800s. Security cant ban you either anyway.
Reply 6
Original post by Tony_LeaS
Law of the land, this isn't the 1800s. Security cant ban you either anyway.


That is the reason I am suing. TESCO can not refuse service to anyone.
Original post by SonicOfPron
That is the reason I am suing. TESCO can not refuse service to anyone.


If you're a law student you should know that a shop can refuse to serve whoever they like as long as they are not disciminating against you because of your race, religion, sexuality etc.
Reply 8
What had you nicked ?
Reply 9
Original post by ontherazzle
If you're a law student you should know that a shop can refuse to serve whoever they like as long as they are not disciminating against you because of your race, religion, sexuality etc.


False. They can not refuse service as they are a public service company.
Original post by SonicOfPron
False. They can not refuse service as they are a public service company.



Rubbish. They aren't a service run by the government, they are a company run by owners. They can refuse service if necessary.
Original post by Tony_LeaS
Rubbish. They aren't a service run by the government, they are a company run by owners. They can refuse service if necessary.


False. Even my lawyer says that they can not refuse service.

Plus it doesn't allow the security man to work without a sia license thing.
most licensed premises require security which is provided by an external company, not in house due to insurance issues, and its against the law to work in the industry without an SIA license

also he's most likely a security operative which means he is legally not allowed to touch you, he can only put you in a citizen's arrest with actual proof of shoplifting
(edited 8 years ago)
Original post by SonicOfPron
False. Even my lawyer says that they can not refuse service.
You need to get yourself a new lawyer if that's what they have told you - they're wrong.

But since you say you have a lawyer and are a law student yourself I fail to see why you are asking the advice of people on TSR in the first place.
Go Sainsbury's instead? :dontknow:
Well you are a rubbish law student....

Individuals may not be required to have an SIA if covered by a list of exemptions under Section 4(4) of the Private Security Industry Act 2001. Some of which "could" apply to tesco or that particular store. Also many shops security are not actually security guards per se, but normal people who's job it is to place people under citizens arrest who are suspected of shoplifting (completely legal).

The following criteria would apply
Anyone who is in the act of committing an offence,
or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence,
or where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it.


To "remain" legal the next critera must apply

It appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest instead
The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:
The person causing physical injury to himself or others
The person suffering physical injury
The person causing loss of or damage to property
The person absconding before a constable can assume responsibility for him


Also keep in mind a private business reserves the right to refuse service to anyone as long as it is not in a discriminatory manner.

Firstly, what did you do when the policeman arrived? I presume you clearly showed him you didn't steal anything? If this is the case then I personally would call tesco's complaints department and take it from there.
(edited 8 years ago)
Original post by DanB1991
Well you are a rubbish law student....

Individuals may not be required to have an SIA if covered by a list of exemptions under Section 4(4) of the Private Security Industry Act 2001. Some of which "could" apply to tesco or that particular store. Also many shops security are not actually security guards per se, but normal people who's job it is to place people under citizens arrest who are suspected of shoplifting (completely legal).

The following criteria would apply
Anyone who is in the act of committing an offence,
or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence,
or where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it.

To "remain" legal the next critera must apply

It appears to the person making the arrest that it is not reasonably practicable for a constable to make the arrest instead
The arrestor has reasonable grounds for believing that the arrest is necessary to prevent one of the following:
The person causing physical injury to himself or others
The person suffering physical injury
The person causing loss of or damage to property
The person absconding before a constable can assume responsibility for him

Also keep in mind a private business reserves the right to refuse service to anyone as long as it is not in a discriminatory manner.

Firstly, what did you do when the policeman arrived? I presume you clearly showed him you didn't steal anything? If this is the case then I personally would call tesco's complaints department and take it from there.



That is utter rubbish. Everyone who works as security MUST have the license which it states on the sia site and no company is allowed by law to refuse service to anyone. Trust me as I am a law student so I think I should know the law better than you.
Original post by yellowcopter
Go Sainsbury's instead? :dontknow:


I can not allow TESCO to break the law like what they have done. They must face the wrath of the law of this land
Original post by SonicOfPron
That is utter rubbish. Everyone who works as security MUST have the license which it states on the sia site and no company is allowed by law to refuse service to anyone. Trust me as I am a law student so I think I should know the law better than you.


I think we can tell you are someone hoping to go into Law because you are a bit of an arrogant ****ing idiot.
Original post by SonicOfPron
That is utter rubbish. Everyone who works as security MUST have the license which it states on the sia site and no company is allowed by law to refuse service to anyone. Trust me as I am a law student so I think I should know the law better than you.


Many shops will have, as part of their terms of use, a section stating that they have "the right to refuse service" to customers, sometimes without reason given, sometimes at discretion of the management, etc.

Yeah, you should. So why don't you?

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