HELMET OFF AT TESCO BURY St EDMUNDS

MartinB

MartinB

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Now, i'm sure this has been covered before but this really twisted my melon !!!

Today at the tesco store on the A14 in Bury St Edmunds I refuelled at a pump labelled 'Pay at pump out of order. Pay in kiosk'
I proceeded to the till, wallet in hand and produced my debit card. I was then asked to remove my helmet before payment.
I'm not sure if this particular 'lady' was having a bad day but she then tried to tell me it was a legal requirement that I remove my helmet and would not accept payment until it was removed for identification purposes !!! I made a point of searching out the CCTV camera and looking straight at it for the benefit of the cashier. NO JOY.

So, I had 1 then 2 'Managers' summoned from the store (neither of which were hardly old enough to drive themselves) trying to re-enforce the point by repeatedly telling me 'it was the law'. I replied, NO it's just Tesco policy and if the cashiers were unwilling to serve me, then the pump shouldn't have been authorised by them in the first place. (Am I wrong ?)

I stayed very calm and explained that at no point had I refused to pay for the fuel and asked if, having refused to accept my payment Tesco was giving me the fuel for free ?
(I'm hoping someone with more knowledge than me might jump in here)
If indeed a company refuses to accept payment for goods, how do you stand as the customer ?

ANYHOW

I asked if someone with different religious beliefs and wearing a garment predominantly covering the face would also be asked to remove said item before paying for fuel.
This was met with an absolute NO. So where is the difference I asked ?
Why am I being discriminated against simple because I ride a motorcycle?
No answer was forthcoming.
I also pointed out, that if I was trying to rob the place i wouldn't have offered to pay, and if I had wanted to steal the fuel I'd have been long gone rather than standing there TRYING TO PAY !

After some 20 Minutes of me making a fuss (the whole time wearing earplugs, so probably quite loudly!)
The OTHER cashier on duty took my payment, helmet still firmly in place and off I went.

The way I see it, this 'Lady' at the till was being bloody minded and awkward in the extreme.
Needless to say I'll be buying my fuel at Sainsbury's in future !!!


RANT OVER :D
 
I may be wrong but if the shop in question accepts payment from a stolen card the card company will not pay.... Knowing telcos they probably take the payment from the poor lady who let you disguise your identity....
 
I have never been asked to remove my helmet, so it's definitely NOT the law!

Well done for standing your ground, not sure I could have been bothered........:rolleyes:
 
david a hall said:
I may be wrong but if the shop in question accepts payment from a stolen card the card company will not pay.... Knowing telcos they probably take the payment from the poor lady who let you disguise your identity....
Click to expand...

Ok that's a fair point. So why don't they insist on all customers removing all types of face coverings and not just Helmets. Morrisons have the same policy.

Sent from my HTC Desire S using Tapatalk 2
 
MartinB said:
'it was the law'. I replied, NO it's just Tesco policy and if the cashiers were unwilling to serve me, then the pump shouldn't have been authorised by them in the first place. (Am I wrong ?)
Click to expand...

It could be against the law...albeit a little tediously.

Everyone's best friend the good old HASAWA (Health and Safety at Work Act 1974) contains this clause:
4 General duties of persons concerned with premises to persons other than their employees.

(1)This section has effect for imposing on persons duties in relation to those who—
(a)are not their employees; but
(b)use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,and applies to premises so made available and other non-domestic premises used in connection with them.
(2)It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.
(3)Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—
(a)the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or
(b)the safety of or the absence of risks to health arising from plant or substances in any such premises;that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.
(4)Any reference in this section to a person having control of any premises or matter is a reference to a person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

So, through this an organisation has the duty to apply means to keep everyone safe and as a user of said facilities you have a duty to comply with those means.

If through risk assessment it is deemed that you wearing your helmet presents a risk to safety...which could be yours or the safety of others for what ever reason...
Then this is the tool by which tesco can require you to remove the helmet and you have to comply or you are in breach of the HASAWA and in theory prosecutable if you do not remove your helmet...in practice of course is really another matter.

Hi viz brigade gone mad again....?
 
I always take off my helmet anyway, not knowing if its policy at a garage or not, is it such a big deal!
 
It is a big deal when you wear glasses - there's nowhere to put them or the helmet safely, everywhere is usually covered in diesel residue.

I make a point of using the pay at pump facility if available to avoid the hassle of officious assistants attempting to make laws about helmet removal - funny how it only ever seems to be the supermarket stations.

Even came across one at Morrisons in Denbigh - stopped at the pay at the pump; did all the card thing, no fuel coming; stroppy youth on tannoy tells me that I have to take off my helmet to get fuel - cancelled the transaction and went elsewhere.
 
I worked for a while in IT @ Morrisons (and many others :) )

There was a discussion after a senior manager got this aggro at the nearest store to the HQ - they get free fuel so always fill up there :D

It was absolutely not the case that you have to remove a helmet... this went out to all staff....


PeeBee said:
It is a big deal when you wear glasses - there's nowhere to put them or the helmet safely, everywhere is usually covered in diesel residue.

I make a point of using the pay at pump facility if available to avoid the hassle of officious assistants attempting to make laws about helmet removal - funny how it only ever seems to be the supermarket stations.

Even came across one at Morrisons in Denbigh - stopped at the pay at the pump; did all the card thing, no fuel coming; stroppy youth on tannoy tells me that I have to take off my helmet to get fuel - cancelled the transaction and went elsewhere.
Click to expand...
 
The wearing of earplugs is ahem helpfull if you keep asking what are you saying in an increasing loud voice JJH
 
MartinB said:
Today at the tesco store on the A14 in Bury St Edmunds
Click to expand...

You got more patience than me Bor, first refusal to take payment and I would have been back on my bike and gone.

Was not a drive away without payment, it was a refusal to accept payment , doubt if the Police would have been interested.
 
blueranger said:
It could be against the law...albeit a little tediously.

Everyone's best friend the good old HASAWA (Health and Safety at Work Act 1974) contains this clause:
4 General duties of persons concerned with premises to persons other than their employees.

(1)This section has effect for imposing on persons duties in relation to those who—
(a)are not their employees; but
(b)use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,and applies to premises so made available and other non-domestic premises used in connection with them.
(2)It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.
(3)Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—
(a)the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or
(b)the safety of or the absence of risks to health arising from plant or substances in any such premises;that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.
(4)Any reference in this section to a person having control of any premises or matter is a reference to a person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

So, through this an organisation has the duty to apply means to keep everyone safe and as a user of said facilities you have a duty to comply with those means.

If through risk assessment it is deemed that you wearing your helmet presents a risk to safety...which could be yours or the safety of others for what ever reason...
Then this is the tool by which tesco can require you to remove the helmet and you have to comply or you are in breach of the HASAWA and in theory prosecutable if you do not remove your helmet...in practice of course is really another matter.

Hi viz brigade gone mad again....?
Click to expand...

Utter rubbish. Don't take a job in the legal profession.
 
Outtomunch said:
Some people have too much time on their hands..............

Andres
Click to expand...
+ 1.

The only point is if they want your helmet off it should be clearly advised at point of purchase not at the door to the kiosk and if that bloody picky they could stop you getting fuel before your helmet is removed
 
Noddy said:
You got more patience than me Bor, first refusal to take payment and I would have been back on my bike and gone.

Was not a drive away without payment, it was a refusal to accept payment , doubt if the Police would have been interested.
Click to expand...

me too. if they won't take the money, then fuck 'em.

Yellow Peril said:
The only point is if they want your helmet off it should be clearly advised at point of purchase not at the door to the kiosk and if that bloody picky they could stop you getting fuel before your helmet is removed
Click to expand...

this ^^^^


...and as for the supermarket fuel is shite thing - you're just suckered by shiny marketing :blast
 
on our way back from France a few weeks ago now, a mate was asked to remove his lid before the fuel could be dispensed.

He took this quite to heart, replaced his fuel cap and rode into the night on his Bonneville with only a small tank and very little fuel left in it not knowing where the next fuel could be had at 1am - now that is sticking to your principles.

as said previously, would that ask a Burka wearer to do the same, or even someone wearing those mahoosive shades??

Jobs worth ..
 
...and as for the supermarket fuel is shite thing - you're just suckered by shiny marketing :blast[/QUOTE]

Nah sorry....Shell V-power all the way...have a read of Honest John, The Telegraphs motoring guru, on the subject of supermarket fuel.....but use what you want!!
 
This is my view, I'm not a lawyer but it made sense to me when Waitrose in Abergavenny tried the same ploy.

If the cashier authorises your pump and allows you to fill your tank then they have entered into a contract to supply goods. Of course, they continue to own the petrol in your tank until you have paid for it.

When I went to pay, holding a Mastercard in my hand the cashier refused to accept payment until I removed my helmet. I refused to comply and said, "I am offering to pay for the petrol you have supplied. If you do not accept this payment then I assume you are making a gift." As I turned to leave her colleague instructed her to back down and take payment. She was fuming but proceeded to take my payment.

Like cookie & others I have a short tolerance of fuckwits when on my own time as I spend all my working hours dealing with them.

I'm pleased to say Waitrose have altered their policy on this subject and no longer insist on helmets being removed. This may be due to their arrangement to have fuel supplied by Shell. A mate is the Shell territory manager for S Wales & the South West and he will not allow any of his franchisees to discriminate against motorcyclists.
 
cookie said:
...and as for the supermarket fuel is shite thing - you're just suckered by shiny marketing :blast
Click to expand...

Nope........do a seat of the pants test, and confirm it with an ODO reset on a brimmed tank.

I used to scoff at the posh fuel claims as well, but even on my old tractor 1150, I can genuinely tell the difference.



You can read up all you like on the pros and cons, but the only way to convince yourself really is to run at least two tanks through your bike and then fill up with supermarket Value petrol........you WILL notice the difference :)
 
Nippy Normans supply Touratech, Wunderlich, Desert Fox and many other makes of accessories.
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