Advice re: Supermarket security guard incident

Hopefully some of the more legal-savvy can give me some advice here. (I'm in England.) I just got a call from my ex. She was out Xmas shopping. She'd been to Saisburys and picked up some items, amongst then a HotWheels toy car as a Xmas present for our son. She was in Tescos when one of the security guards accused her of stealing it.

From what she's told me, he took her into a back room - without calling the police - searched her bags, ignored her showing him the receipt proving that she'd bought it from Sainburys, confiscated her phone when she tried to call Sainsburys to prove her innocence. At this point the store manager came in and told him he had to give the phone back, the store manager then left the room. She then told him she had to phone someone to arranage to have her son picked up from school as she wouldn't be able to do so herself. He refused to allow her to do this.

Later on, she finally managed to persuade him to call Sainsburys. He did so and told her that the lady at Sainsburys said that they don't stock the item he was accusing her of stealing. She's since been to Sainsburys and spoken to the same lady, who has assured her that she told him that they do stock the item and had even quoted him the reference that appears on her receipt.

She currently has one letter from the lady at Sainsburys, stating that they do sell the item and how it is listed on receipts ("Assorted cars") and one letter from the security guard at Tescos banning her from all Tescos for life - signed only by himself. Tescos still have the toy car they confiscated from her.

Obviously there's plenty of things wrong here. Basically what I'm asking the legal-minded is what would be her best way to proceed? She (and I) want to get this scumbag sacked at the very least. She has no problem with Tescos stores themselves. She's going to see a solicitor tomorrow, so this won't be in lieu of proper legal advice.

 

Wait for him in the car park and kick him in the head. Bill Wallace would.

http://www.closeprotectionworld.co....one-clarify-legal-rights-security-guards.html

 

its gotta be coming close to theft and unlawful imprisonment. Personally if that had happened to me, I'd have called the police as soon as he let me go and had him arrested there and then. Either that or I would have smacked him, depending on my mood at the time.

 

The security guard is in a whole world of trouble...
There's so many rules broken there I wouldn't know where to begin!

What city was this in?

 

We were thinking both Theft and False Imprisonment already. Does anyone know what the definition of False Imprisonment is? My Google-Fu is weak today. CDKungFu - this was in Greater London.

Southpaw - what's this about a possible claim over the phone call - could you clarify?

She doesn't want to press any charges against Tescos, just the individual security guard.

 

You're asking Map? See a solicitor. Wait! It's your Ex? Not your problem!

 

What about speaking with the company who employed the security guard? Maybe they might sack him after hearing about his conduct without the need for any legal kerfuffle.

 

Dude!

Also, despite being an ex, she's also my son's mother and one of my best friends!

 

Face it you've got years of calling her a thief. Did she dump you or the other way round?

 

Didn't know that. Have you thought of marrying her?

 

Take him down properly, none of this back channel nonsense that leaves him free to get a security job with another firm, you want to get his license terminated.

 

She's already going to a solicitor so she'll get the best advice there. On this side tell her to call the non-emergency number for the police (0800 123 1212), make a full report on the phone and they'll get back to her in a day or 2. (they know where the guy works and his details so its not like he's going to do a runner over this).

She doesnt really need to be present when they go over there to nick him, but she will be called in to point the finger and confirm, interviews etc etc. From there on its down to the solicitors/lawyers to argue cases.

 

Sounds like the manager was also partly to blame in this. He came in, obviously realised the guard wasn't dealing with the situation well because he ordered him to give her phone back to her, and then left. The store in ultimately his responsibility.

 

Your all missing the big one, but as agents of the retailer they are entitled to prevent the retailer's property from leaving the premises, so this means the person they believe to have taken it.

From what I understand security guards do not have the legal power to search bags etc, thats why they call the police. (unless you cave and go, ok search me then)

They can't ask you to prove it (ie show recipt) because that comes down to them and the employment firm being sued for false accusation!!

Security guards are not the police.

 

As a security guard he should have a SIA licence on display when working. Have a look and jot down his name and badge no., then complain to the SIA.

http://sia.homeoffice.gov.uk/home/licensing/register/rolh.htm

http://sia.homeoffice.gov.uk/information/contact_us/complaints.htm

 

Now just for a laugh you and your friends should visit the store and walk around putting stuff in your pockets and passing the item between yourselves. Making sure to put everything back before you leave. It's what passed for fun when I was a kid.

 

and now you just "Graze" !!!!

Graze = walking around store eating products and then when full walking out !!!

Smurf

 

I'm a good boy I am