need to escalate a complaint against tesco

[blonde123]

Hi Blonde123

 

I think you need to nail down who said what to who, mainly did the Tesco's manager speak to your employer. Send Tesco's a SAR, send your employer a SAR. That might be £20 well spent, that's the kind of proof you will need.

I want more than an apology I want compensated for all the trauma. I have details of who said what. And the store gave admitted it was an error of judgment on the duty mangers behalf giving my name when they had no evidence against me.

[Bazooka Boo]

Then the duty manager can carry the can for this then.

 

If you can get his line managers details then start with them, express just how detrimental this whole debacle has been, and the impact it has had on your employment, this is slanderous so can be dealt with under that particular part of libel laws.

http://www.urban75.org/info/libel.html

 

IMO, this needs to go to the highest level, ie, the CEO [email protected]

New Tesco House, Delamare Road, Cheshunt, Herts, EN8 9SL, UK

01992 632222

 

http://www.ceoemail.com/s.php?id=9138

Inform him of your intent to sue this individual for defamation, and Tesco themselves will be asked to account for their employers actions.

[blonde123]

Thank you for this, I have sent Mr Clarke a copy of my original email of complaint today and also that it was sent on the 9th of april and I have not had a reply.

You are very kind offering advise like this.

[Bazooka Boo]

Your very welcome, hopefully it will do some good...

 

We all have our own battles to fight, and it is nearly always with big corporations or government departments!

[blonde123]

lol.... well im batteling with one, and employed with the other.......... aint life swell

[ericsbrother]

they like to think that you wont go through with it so they do nothing and hope that the matter will go away. You can sue for negligent infliction of emotional distress and the burden fo proof would then be upon Tesco to show that any anxiety or similar mental health condition you suffer from post that incident isnt down to them. It will cost them a fortune to defend and next to nothing for you to proceed with as long as you are prepared to settle for a relatively small compensatoty award to keep it in the small claims track. Also make your complaint to the Information Commissioners Office.

The shareholders AGM is in june but I havent found out where it is yet because HO telephonists dont realise how their employer functions. If I can get there I will ask you if you can give me some more info and I will raise the matter. In the meanwhile email the CEO again in a week's time and let him know that the matter is likely to be raised at the agm

[blonde123]

thank you, I have had a look at the ICO website today and will be completing the form in due course.

When you say a small compensatory reward, can you give me a ball park figure?

[ericsbrother]

It will certainly be less than £1000 and may be as little as £1 but probably around £200-£500 based on other quantifiable awards in slightly different fields. such as discrimination by a shop or service provider.

[rebel11]

Any award of compensation needs to come from Tesco.

 

The ICO cannot award compensation for any breach of the Data Protection Act or the Freedom of Information Act;

 

http://ico.org.uk/about_us/our_organisation/introduction/what_we_cant_do

[ericsbrother]

Correct, the ICO have limited powers in individual cases but they can make decisions and complaint findings public and Tesco wouldnt like that one bit.

[blonde123]

Tesco sent me a money card today special delivery for £150. Needless to say I said that's not acceptable for 5 weeks he'll and my professor reputation. I will give the card to charity. I am insulted

[ericsbrother]

cant give the card to charity, you need to return it and give them a piece of your mind as well and tell them what is acceptable. You wont get much more in cash terms but you should ask for something in the way of getting TESCO to write to your employer (copy to you) and apologise for slandering you andassuring employer that the allegation was totally unfounded.

Basically make them grovel and foget the money.

[steampowered]

Addressing a few of the ideas floated in this topic:

 

Negligent infliction of emotional distress is a US concept. In the UK you need to prove a recognisable mental illness or related physical injury, you cannot claim for general distress (see http://en.wikipedia.org/wiki/Nervous_shock_in_English_law).

 

Under the DPA, you cannot make a free-standing claim for distress in a situation like this. You can only claim if you have suffered 'damage', in which case you can claim for the 'damage' AND extra for distress. 'damage' basically means financial damage. You'd therefore have to prove actual financial loss, e.g. dismissal by your employer. In other words you'd need to actually be dismissed or demoted etc. before you can use the DPA. Refer to http://www.legislation.gov.uk/ukpga/1998/29/section/13.

 

You could claim for defamation/slander. The big problem is that this type of claim can only be brought in the High Court regardless of the amount claimed. This takes you outside the small claims system which means that you'll be on the hook for Tesco's legal costs if you lose the case. Costs would be in the thousands of pounds range.

 

The legal route is difficult, but you should at least complain to the ICO.

[2Grumpy]

You could claim long term damage to your career that might not be totally removed by a letter from Tesco to your employer - they cannot make your employer get amnesia!

[blonde123]

Nor can it stop people gossiping about me.......

Its just disgusting that Tesco have caused this mess and now nothing can put it right. This has been the longest 6 weeks of my life and its not over yet as I only returned to work yesterday and it has been hellish

[ericsbrother]

then whoever the Tesco manager spoke to has breached their confidentiality requirements. When you get a grovelling apoplogy from Tesco use your grievance procedures to put an end to it at work. You wont stop people gossiping but you will make sure that it doesnt appear on your files. in a negative way.