Early one October evening, David entered his local Co-op Store to do some shopping, carrying an orange bag containing a model building magazine that he had purchased at another store.
David perused the aisles of the Co-op and selected several grocery items, which he placed in a shopping basket, and then went to the counter to pay.
However, as David was in the process of paying for these items, he was approached by a Security Guard.
The security guard demanded to inspect the contents of David’s shopping bag, stating that the bag looked an ‘odd shape’. David replied that it had nothing to do with him.
The security guard then instructed the shop assistant who was scanning David’s purchases to stop serving David.
The security guard repeatedly demanded that David go with him and show him the contents of the orange bag, and then, when David refused to do so, the security guard attempted to grab the bag. In response, David pushed the security guard away, so as to protect his property and to get the man out of his personal space. The security guard then pushed David and took hold of his arm.
At around this time, David produced the receipt he had for his earlier purchase of the magazine, but the security guard refused to accept the receipt because it did not specify the items purchased, just the total sum paid. David grew agitated that the security guard would not believe him and because the security guard was crowding his personal space.
The security guard then stated that he wanted David to give him the orange bag so that he could ‘check’ it. David again refused to hand over the bag and announced that he was now going to leave the store, as he was upset at the security guard’s attitude. David therefore abandoned the grocery items he had been attempting to purchase at the counter.
David then attempted to walk towards the exit; however, the security guard intercepted him and placed his arm across David’s upper body to prevent him from leaving.
The security guard now positioned himself directly in front of David, blocking his exit route from the shop, and repeatedly pushed David, gripping his upper arms/ shoulders and forcing him up against a barrier next to the tills.
The security guard then stood in front of David to prevent him from leaving. Each time David attempted to move away, the security guard stepped in front to block him.
As there were a number of other members of the public in the shop whose attention was drawn to the commotion, David suffered a great deal of distress and embarrassment.
David now decided to show the security guard the contents of the orange bag and offered to get a member of staff from the first store he had visited to confirm his earlier purchase. However, the security guard continued to block and push David.
David once more attempted to walk past the security guard who now took hold of David and his bag, refusing to let him leave with it. Under this duress, David allowed the security guard to take his bag. The security guard then released David.
Whilst the above was occurring, a female member of Co-op staff approached the automatic sliding doors of the shop and locked them. This prevented a number of other members of the public from entering or leaving the store, requiring the female employee to periodically open the doors for them manually.
After the security guard had taken David’s bag from him, David approached the locked doors of the shop. Here the female employee at first refused to let David leave, stating that he had ‘assaulted’ the security guard and the police had been called. In response, David showed the female employee his receipt and explained that he was only leaving in order to get the person who had served him in the first store and would then return with her. Only then did the staff member open the doors for David, allowing him to leave.
David then returned to the first store and spoke with the shop assistant who had served him there. She kindly agreed to attend the Co-op store with David and confirm that he had paid for his earlier shopping. She duly did so, and she spoke to both the Defendant’s female employee and the security guard.
After a few minutes the shop assistant from the first store left, and shortly afterwards two Police Officers arrived. The officers spoke to David and the Co-op staff. The security guard alleged that David had assaulted him, however the male police officer, after taking David’s account and apparently viewing the store’s CCTV footage, stated that David had done nothing wrong and refused to arrest him.
David’s orange bag was then returned to him by the security guard, and he was finally allowed to purchase the shopping which he had earlier had to abandon at the counter and leave the store without further incident.
The following day, David called the Co-op to complain and received a call back from someone at the head office apologising for the incident. She assured David that the manager of the store would also apologise, however David received no such apology.
David had not committed any act of shoplifting and the security guard had no right to demand to inspect his belongings – and certainly not to physically assault David and confiscate his bag.
When I presented a claim against the Co-operative Group Limited on behalf of David, seeking compensation for wrongful arrest, In response, the Co-op sought to deny liability and argued that they were not responsible for the actions of the security guard who was a sub-contractor from another company. However, it was clear that the security guard was acting under the direction and control of the management of the Co-op store as evidenced by the co-ordinated closing/locking of the store door by another member of staff.
Whilst the Police Officers who attended thankfully displayed a reasonable attitude and refused to arrest David, he still suffered deprivation of his liberty at the hands of the Co-op, despite being nothing other than a lawful visitor to their store.
Following the commencement of Court proceedings on behalf of David, I settled his compensation claim.
The name of my client has been changed.
