Discrimination

ts
Know your righ

Being stopped, searched and discriminated

against in shops and supermarkets
This guide gives you some information and tips on what you can do if you’re
stopped and searched, and if you’re discriminated against in a shop or
supermarket.

The sections of this guide are:

Part 1: Stopped and searched in a shop/supermarket

• Who has stopped you?
• Being stopped and searched by the police
• Being stopped and searched by security guards
• How to handle the stop
• Complaining about police conduct

Part 2: Discriminated against in a shop/supermarket

• What is a discrimination claim?
• Making a complaint
• Methods of complaining
o Complaining directly to the shop/supermarket
o Ombudsman
o How to pursue alternative dispute resolution (ADR)
o Going to court

Part 3: Further support and resources

• Discrimination complaint checklist
• Legal clinics and services
• Full links and further information
• Template letter to complain about discrimination by service providers

Disclaimer: Nothing in this guide constitutes legal advice or gives rise to a lawyer/client
relationship. Specialist legal advice should be taken in relation to specific circumstances.
The contents of this guide are for general information purposes only. Some of the material in
this guide may have been prepared some time ago. Please contact us if you need a
comprehensive and up-to-date statement of the relevant law.
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Part 1: Stopped and searched in a shop/supermarket

Who has stopped you?

Police and store security staff have different rights to stop and search the
public in shops. Their rights to stop and search you affect your own rights
and how you can respond to the situation.

As soon as you’re stopped, you should ask the individual stopping you to
identify themselves. You can identify a police officer or a police community
support officer (PCSO) by their uniform and their warrant card which they
must carry when working.

Both police officers and PCSOs can stop you without your consent, and police
officers can search you without your consent, in certain circumstances (see
below). This means that it doesn’t matter whether you agree to it or not.

Security guards that work for a shop or supermarket (‘a service provider’)
can only stop and search you with your consent. This means only if you agree
to it.

Being stopped and searched by the police1

The police can stop and question you at any time. If a police officer is not
wearing a uniform, they must show you their warrant card.

A PCSO in uniform can stop you, but only police officers can search you.

Reasons for searching you

The police can stop and search you if they have good reasons (‘reasonable
grounds’) to suspect that you’re carrying: illegal drugs, a weapon, stolen
property or something which could be used to carry out a crime.

1 https://www.gov.uk/police-powers-to-stop-and-search-your-rights.
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You can only be searched without good reasons (‘reasonable grounds’) if this
has been approved by a senior police officer, and if it’s suspected that:

• serious violence could happen

• you’re carrying a weapon or have used one, or
• you’re in a specific location.

Before searching you

Before searching you, the police officer must tell you:

• that they are stopping and keeping you from leaving (detaining you).
You can only be detained by a police officer during a stop and search,
so if you’re not being detained, you can leave;
• their name and police station;
• what they expect to find (for example, illegal drugs or a weapon);
• why they want to search you;
• why they are legally allowed to search you; and
• that you can have a record of the search immediately, or how you can
get a copy afterwards.

When searching you2

• You can be asked to take off your coat, jacket and gloves
• A police officer can put their hand inside your shoes, socks or headgear
(if they believe something is hidden)
• You can be asked to turn your pockets inside out or they can pat your
pockets down

If they ask you to take off anything else (including anything you’re wearing for
religious reasons), they must take you somewhere out of public view. They
must give a reason for this – it can’t be that nothing has been found. This
must be done by an officer of the same sex.

A ‘strip search’ is when all your clothes are removed. This can only happen at
a police station or a designated police location (eg. a police tent). It must be
out of public view and be done by an officer of the same sex. An appropriate
adult must be present during a strip search if you’re 17 years old or younger.

2 https://www.release.org.uk/law/stop-and-search
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For more information check our blog post here.

Being stopped and searched by security guards3

Security guards (in a shop or supermarket) are responsible for protecting the
shop or supermarket from theft, damage, or other dangerous incidents. Unlike
the police and PCSOs, security guards don’t have any more legal powers than
any other member of the public.

They can only stop and search you with your consent. This means you need
to agree to it. But, if a security guard asks to search you and you refuse, then
the security guard can stop you from entering the shop/supermarket.

Citizen’s arrest

Security guards can make a citizen’s arrest if:

• you’re carrying out or have carried out an offence (eg. shoplifting); or
• the security guard has good reasons (‘reasonable grounds’) to suspect
you’re carrying out or have carried out an offence

A security guard can only legally arrest you if:

• they believe it isn’t possible for a police officer to arrest you instead;
and
• they have good reasons (‘reasonable grounds’) to believe the arrest is
necessary to prevent you: physically injuring yourself or others; being
physically injured; causing loss of or damage to property; or leaving
before a police officer can take responsibility.

During a citizen’s arrest, the security guard should tell you:

• what they are doing;
• why they are doing it; and
• what offence they believe has been committed.

3Police and Criminal Evidence Act 1984, s 24A:

https://www.legislation.gov.uk/ukpga/1984/60/section/24A.
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A security guard is entitled to use a ‘reasonable’ amount of force in the

circumstances to detain you.4 This means they can use force that is necessary
for the situation.

How to handle the stop

‘Y-Stop’, a collaboration between charities, young people and youth workers,

has produced tips to help you deal with a stop and search by police, which
you can also use if you’re stopped by a security guard. These tips can be
remembered with the word S.E.A.R.C.H.5

• Stay Calm – keep yourself calm all the time to get to a clear and quick
solution.
• Eye Contact – be polite so that it makes it’s harder to get angry or
scared.
• Ask Questions – ask questions about the process as the police and/or
security guards need to explain themselves.
•
Receipt – get written proof of the search and check it’s been completed
truthfully.6
• Record – you have a right to record the search, but you must ask
permission first before getting your phone or video recording device.
Filming protects everyone’s interests.
• Confidence – know your rights.
• Hold to account – following these steps can encourage the police
and/or security guards to behave properly.

4 Criminal Law Act 1967, s 3: https://www.legislation.gov.uk/ukpga/1967/58/section/3.

5 https://www.release.org.uk/law/stop-and-search.
6 A receipt is your official proof of the search. The police must give you this at the time of the
search, or they must tell you how to get a receipt once they have completed it. If the police
officer is recording the search electronically, you will get a card with a reference number that
you can use to claim your receipt. The police officer can only leave you without filling the
receipt out if he or she is called to an emergency. You can claim your receipt from the police
station for up to 3 months after the search took place. This is easier if you have the police
officer’s ID. Once you have the receipt, check that all sections have been completed and that
it is accurate (https://y-stop.org/sites/default/files/resources/Search%20Card.pdf).
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Complaining about police conduct

If you wish to complain about discriminatory actions taken by the police, the
charity Stop Watch has prepared a helpful guide (click here).

Please see our blog post here that explains how to make a complaint INSERT
LINK HERE.

You can also download the Y-Stop app to make a complaint directly to the
police or, if you don’t feel comfortable doing this, you can report what has
happened to Y-Stop’s database (click here).

If you feel the incident was serious enough to be a hate crime, you can report
it to the police using the True Vision website (click here) or by phoning 101 (or
999 if it’s an emergency).
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Part 2: Discriminated against in a shop/

supermarket

What is a discrimination claim?

If you’ve faced discrimination during a stop and search and/or when buying
goods and services, you can bring a claim under the Equality Act 2010.

To bring a claim under the Equality Act 2010, generally you must show that:

1. You have a protected characteristic – age, disability, gender

reassignment, marriage and civil partnership, race, religion or belief,
sex, sexual orientation.7
2. The person or organisation is responsible for a prohibited conduct
connected to your protected characteristic. This is conduct that is
illegal under the Equality Act. There are several types of prohibited
conduct. See the table below.

7Equality Act 2010, Chapter 1, ss 4 – 12:

https://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/1.
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Types of prohibited conduct

Direct discrimination Indirect discrimination Harassment

Explanation This is when you’re This is when a person or This is when a person or
treated differently or organisation applies a organisation behaves
worse than someone practice or rule which is towards you in a way that:
else because of your discriminatory to your • violates your dignity
protected protected characteristic.9 • intimidates, degrades and
characteristic.8 humiliates you
• creates a hostile or
offensive environment
You must show that
because of your protected
the person or
characteristic
organisation wouldn’t
behave in the same
way to someone of a
different characteristic.

Example You are stopped and A service provider A shop employee says racially
searched because of prohibits people wearing offensive words to you making
your race but someone certain religious dress to you feel scared and humiliated
in front of everyone
else of a different race enter their shop without
is not stopped and justification.
searched.

8 Equality Act 2010, Chapter 2, s 13:

https://www.legislation.gov.uk/ukpga/2010/15/section/13.
9 Equality Act 2010, Chapter 2, s 19:
https://www.legislation.gov.uk/ukpga/2010/15/section/19.
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3. The prohibited conduct happened during the provision of services10

• Those providing a paid or unpaid service to the public or part of the
public (‘service providers’) mustn’t discriminate against you
• When providing you a service, they mustn’t discriminate against you
by:
o How the service is given to you;
o No longer providing the service to you; or
o Subjecting you to any other disadvantage.
• Services include the provision of goods and facilities.11
Supermarkets and shops are included in this.
•
4. The claim meets the appropriate time limit – generally 6 months,12 but
see further information on page 12-13 of this guide.

Making a complaint

What outcome do you want?13

Think about what outcome you want to get by making a claim of
discrimination. This will help you work out what type of complaint you want to
make.

A ‘remedy’ is what the person/organisation you are complaining against does

as a response. For example, an apology, financial compensation, review their
policies or improve staff education…etc.

When you’ve decided what outcome you want, you should explore informal
methods of resolving your issue before bringing a court claim. Bringing a
court claim can be time-consuming, emotionally draining and expensive.

10 Equality Act 2010, Chapter 3, s 29: https://www.legislation.gov.uk/ukpga/2010/15/section/29.

11 Equality Act 2010, Chapter 3, s 31(2): https://www.legislation.gov.uk/ukpga/2010/15/section/31.
12 Equality Act 2010, Part 9, s 118: https://www.legislation.gov.uk/ukpga/2010/15/section/118.
13 https://www.citizensadvice.org.uk/consumer/discrimination-in-the-provision-of-goods-and-
services/discrimination-in-the-provision-of-goods-and-services1/taking-action-about-discrimination-in-
goods-and-services/taking-action-about-discrimination-in-the-provision-of-goods-and-services/
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Methods of complaining

There are different ways you can complain if you have experienced
discrimination during stop and search or when using a service.

You can use the below steps in order or as separate ways of complaining.

Your options are:

• Complain directly to the responsible person/organisation
• Complain to an ombudsman (see below)
• Use Alternative Dispute Resolution (ADR) (see below)
• Go to court

Complain directly to the shop/supermarket

The first step is to complain to the person or shop/supermarket that you

believe has discriminated against you. The shop/supermarket may have a
complaints process or a customer service helpline. Try searching their website
to find this.

You may also be able to send a complaint through Resolver (click here). This is
a free resource that helps customers exercise their rights as consumers.

If they don’t have a complaints process or they’re not on Resolver, you could
send a formal complaint in writing to an email address or to the person or
company’s main address.

In your letter, it is important to explain:

• what happened to you
• why it was unacceptable
• what you expect them to do to remedy the situation

If you don’t get a response after two months, you could complain to an
ombudsman.

The Equality Advisory and Support Service has template letters for different
types of discrimination complaints. It’s available under the “Resources”
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section of their website (click here). You can also see our template letter at
the end of this guide at page 18.

Ombudsman

An ‘ombudsman’ is an independent person that investigates complaints about

companies and organisations, usually for a specific industry or sector.
Their services are free, and they can order companies to provide consumers
with remedies. For example, an apology, a financial award, and/or
recommendations for the company to prevent the issue happening again.

Not every industry service provider has an ombudsman, but you can search
for those that do on the Citizens Advice’s website (click here) or/and on the
Ombudsman Association’s website (click here).

There are specialist ombudsmen for some retail industries, but there is no
general retail or consumer services ombudsman. For example, there is an
ombudsman for furniture and home improvement (click here), for the car
industry (click here) and for opticians (click here).

How to pursue alternative dispute resolution (ADR)

If the informal steps set out above aren’t available to you, ADR may be
another option for resolving the issue without going to court.

Common forms of ADR include:

• Mediation is where an independent third party helps you and the
service provider come to an acceptable solution; and
• Arbitration is where an independent third party looks at the facts and
takes a decision that’s often binding on either you or the service
provider, or both you and the provider. ‘Binding’ means you have to
follow it.

Using ADR can give you more control over the process than you’d have in
court and is generally less formal. You can also keep your dispute
confidential in most circumstances.
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However, ADR can be costly and time-consuming when a third party privately
helps you come to a solution. It’s likely that you will have to pay for the third
party and split the cost with the organisation/service provider you are
complaining against.

The RetailADR Scheme can deal with customer service disputes between you
and a service provider. The scheme is free to consumers and can be used
without the need for any independent advice or third-party representation
(click here). Some sectors, such as vehicle sales and servicing, are not covered
by RetailADR’s service.

Going to court

How to draft a letter before action

Court rules (known as the “Civil Procedure Rules”) require that, before you
can take a claim to court, you must write a “letter before action” to the
organisation or person that you believe has discriminated against you.
This is a letter telling them that you’re giving them a final chance to resolve
the issue with you or you will take them to court. The aim is to encourage
settlement of a dispute without going to court.
In the letter, you should explain:
• What happened to you
• Why you believe this was unlawful discrimination
• What you expect the responsible person/organisation to do (eg. pay
you compensation, issue a formal apology, or take disciplinary action
against staff members)
• That you may decide to bring legal proceedings against them if they
don’t agree to what you’ve asked

Make sure you include a postal or email address where you can be contacted
for them to be able to respond.

Remember, if the person or organisation does agree to do what you have

asked, you won’t be able to take them to court. A judge would treat the
dispute as already resolved and dismiss your claim.
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There are lots of “before action” template letters available online that you
can use as a guide. You can also use the template letter provided at the end
of this guide – if you add the relevant information from the list above (see
page 18).

How to bring a court claim

Warning: Bringing a court claim is time-consuming (claims can take years to

resolve), emotionally draining, and can be very expensive. If you lose your
case, you might be ordered to pay the legal fees of the person or company
you are suing – which could be extremely costly. Going to court may still be
the right option for you but think carefully about the risks involved.

A discrimination claim is a “civil” matter. This means you need to make your
discrimination claim in your local County Court. Find your local County Court
on the online Court and Tribunal Finder (click here).

There are strict time limits for going to court. The court can allow a claim
outside the time limits, but only in rare circumstances. See the section on
time limits below.

Steps:

1. Check if you can still bring a claim (time limits)

2. Download and fill in the claim form (‘Form N1’)
3. Add more details/information on a separate document (‘Particulars of
Claim’) if needed
4. Ask for the remedies you want in the Particulars of Claim
5. Submit the claim form and Particulars of Claim to the court and pay the
court fee
6. Send a copy of the documents to the defendant
7. Wait for the defendant to admit to discrimination or submit their
defence
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Claim form

Court proceedings are started by you submitting a claim form. The claim
form (Form N1) is available: click here. There is a small amount of space in the
claim form to explain your reasons for bringing the claim.

If you want to add more information, you can attach a separate document to
the form (which is called the “Particulars of Claim”). You can then give full
details of what happened to you, why you believe it was unlawful
discrimination, and what remedy you are seeking from the court.

Asking for remedies

Most commonly, people ask the court to order the person/organisation that
discriminated against them to pay compensation. This is a payment you
receive from the person/organisation because of what you have suffered.

You can also request other orders from the court, such as an order for the
responsible person/organisation to do something (called a “mandatory
injunction”) or not do something (called a “prohibitive injunction”). For
example, stop banning certain religious dress. You can more explanations on
this if you click here.

It’s important to specify all the remedies you would like in your Particulars of
Claim – if you later win your claim, the court will not grant you anything you
have not asked for in your claim.

Court fees

Normally you will pay a fee to the court when you submit your form. The
amount depends on how much compensation you are claiming.
You may be able to apply for reduced fees if you have a low income, are on
benefits, or have few savings – more information on this is available (click
here).
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Next steps

Once you submit the claim form to the court, you must also send a copy to
the person/organisation against whom you’re making the claim (who is
known as the “defendant” in court proceedings).
The defendant will
• admit to the discrimination (in which case you can ask the court to
order the remedies you have asked for) or
• will submit their defence to the court (they must send you a copy too).
If the defendant wants to defend the claim, a judge will then decide
your case.

Time limits

If you decide to go to court, you must submit your discrimination claim within
6 months less one day of when the discrimination took place.

Bring your claim within the time limit or the court will probably not hear your
claim.

If the time limit has passed, the court may hear your claim if you can provide
a strong reason for why you didn’t bring your claim before the deadline and
the court believes it would be unfair (‘unjust’) to not let the claim continue.

The type of discrimination you experienced will affect when the time period
for your claim starts:
• If it was a one-off event (e.g. you were stopped and searched once in a
particular shop), the clock starts running from the day of this event.
• If the discrimination takes place over a period of time (e.g. you are
harassed by security guards every time you do your weekly shopping in
the same supermarket), the clock starts running from the day of the
last incident.

Legal Aid
Legal aid is available for discrimination cases, but you will need to show that
you meet the financial criteria.
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You can check whether you are eligible for legal aid on the government’s
Gov.uk website (click here).

Generally, you may quality for legal aid if your disposable income is less than
£733. The disposable income is the income you have left after taking out
taxes. However, it is best to use the government checker as the calculations
can be complicated.

If you think you can get legal aid, speak to a legal aid solicitor. The solicitor
can look at your circumstances to confirm whether you’re entitled to legal aid
and, if you are, can help you to apply to the Legal Aid Agency for funding.

You can find solicitors who do legal aid work on the Law Society website (click
here).

The Equality Advisory Support Service helpline can also help you find out if
you are eligible for legal aid. It is available Monday to Friday (9am to 7pm)
and Saturday (10am to 2pm) on 0808 800 0082.
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Part 3: Further support and resources

Discrimination complaint checklist

If you’re thinking about bringing a discrimination complaint, think through the

following checklist:

Step Task Done?

No.
1 Check if you can make a discrimination claim under the Equality
Act 2010:
• You have a protected characteristic (eg. age, race, gender…)
• You suffered from direct or indirect discrimination or
harassment (see page 7)
• This happened when you used or accessed a service
2 Check if you can still make the complaint within the time limit -
6 months if the event/incident happened in a shop or
supermarket.
3 Decide on what you want the responsible person/organisation to
do in response to your complaint (eg. make an apology, provide
financial compensation…). This is called the ‘remedy’.
4 Check if the responsible person/organisation has a complaints
process on their website or look for their contact details.
5 Write a letter to the responsible person/organisation that
includes: what happened, how it’s discrimination under the
Equality Act, what remedy you want. If you don’t get a response,
consider steps 6, 7, 8
6 Search if there is an ombudsman that can handle your issue on
the Ombudsman Association website and make a complaint
through the Ombudsman’s website. See page 9.
7 Check if you’d like to use and can afford Alternative Dispute
Resolution. Check if the free RetailADR Scheme can help you
with your dispute. See page 10.
8 Check if you’d like to and can afford to bring a court claim.
Check if you still have time to bring the claim (6 months – see
step 2). Follow steps 9, 10, 11, 12.
9 Write a ‘letter before action’ to the responsible
person/organisation telling them that you’ll take them to court
unless they resolve the issue. You should explain in the letter:
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what happened, why it’s discrimination, what remedy you want.

Wait for a reply.
10 Download and fill in the claim form (‘Form N1’). Add more
details/information on a separate document (‘Particulars of
Claim’) if needed. Ask for the remedy you want on the
Particulars of Claim form.
11 Find your local County Court, submit the claim form, the
Particulars of Claim to the court and pay the court fee. Send a
copy of all the documents to the responsible
person/organisation (‘the defendant’).
12 Wait for the defendant to admit to discrimination or submit their
defence.

Legal clinics and services

Equality Advisory Support Service

The Equality Advisory Support Service has helpful online resources and runs a
discrimination helpline. They cannot give legal advice on your specific claim,
but they can guide you through the process of seeking a resolution or
bringing a claim to court:
http://www.equalityadvisoryservice.com/app/answers/list
• Telephone: 0808 800 0082 / Textphone: 0808 800 0084
• Monday to Friday, 9am to 7pm, Saturday, 10am to 2pm

Citizens Advice
The Citizens Advice website has helpful advice on all aspects of discrimination,
including step by step guidance on bringing a discrimination claim:
https://www.citizensadvice.org.uk/law-and courts/discrimination/
You can also call their helpline to speak to an advisor:
• Adviceline (England): 0800 144 8848
• Monday to Friday, 9am to 5pm (note, waiting times can be long,
especially at the beginning and end of the day)
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Advicenow
Advicenow offers clear and comprehensive legal guides on a range of topics,
including the process of bringing a civil court claim:
https://www.advicenow.org.uk/guides/going-civil-court.
Support Through Court
If you are going through court proceedings without a lawyer to support you,
Support Through Court offers resources and a helpline to help you navigate
the legal system: https://www.supportthroughcourt.org/
• 03000 810 006
• Monday-Friday, 9:30am-4:30pm

Toynbee Hall’s Free Legal Advice Centre (FLAC)

If you need free one-off legal advice, you can fill in this form:
https://www.toynbeehall.org.uk/free-advice/legal-advice/#online-flac-ia-form
or you can email FLAC here: flac@toynbeehall.org.uk

Please know that we do not offer representation or do case work. We

provide advice on housing, employment, immigration, consumer, civil matters
and more.

If you want to find other free legal clinics or you need representation, please
look at LawWorks here: https://www.lawworks.org.uk/legal-advice-individuals

Full links and further information

Being stopped and searched by police

• Information by Gov.UK: https://www.gov.uk/police-powers-to-stop-and-
search-your-rights
• Information by the charity Release:
https://www.release.org.uk/law/stop-and-search
• Information by Met Police: https://www.met.police.uk/advice/advice-
and-information/st-s/stop-and-search/stop-and-search-process/
• See our blog post: INSERT LINK HERE
• Y-Stop app: https://y-stop.org/
• Guide by Y-Stop on how to handle a stop and search: https://y-
stop.org/sites/default/files/resources/Search%20Card.pdf
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Discrimination in shops/supermarkets
• Citizens’ Advice on taking action:
https://www.citizensadvice.org.uk/consumer/discrimination-in-the-
provision-of-goods-and-services/discrimination-in-the-provision-of-
goods-and-services1/taking-action-about-discrimination-in-goods-and-
services/taking-action-about-discrimination-in-the-provision-of-goods-
and-services/

Complaining directly to shop/supermarket

• Link to Resolver website: https://www.resolver.co.uk/
• Find template letters by Equality Advisory and Support Service:
http://www.equalityadvisoryservice.com/app/answers/list

Ombudsman
• Find ombudsmen on the Citizen’s Advice website:
https://www.citizensadvice.org.uk/consumer/get-more-help/how-to-
use-an-ombudsman-in-england/
• Find ombudsmen on the Ombudsman Association website:
https://www.ombudsmanassociation.org/find-an-ombudsman.php
Specialist ombudsmen for:
- Furniture and home improvement: https://www.fhio.org/
- Car industry: https://www.ombudsmanassociation.org/association-
members-by-country.php?area=1
- Opticians: https://www.opticalcomplaints.co.uk/

Complaining about police conduct

• See our blog post on complaining about a stop and search: INSERT
LINK
• Detailed guide done by Stop Watch: https://www.stop-
watch.org/uploads/documents/complaintsguide.pdf
• Report to the Y-Stop app: https://y-stop.org/
• True Vision website on hate crime: https://www.report-
it.org.uk/your_police_force

Alternative Dispute Resolution

RetailADR Scheme: https://www.retailadr.org.uk/about-retailadr/complaints-
we-can-deal-with/
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Bringing a court claim

• Court and Tribunal Finder:
https://courttribunalfinder.service.gov.uk/search/
• Claim form (Form N1):
https://assets.publishing.service.gov.uk/government/uploads/system/u
ploads/attachment_data/file/688390/n1-eng.pdf/
• Full list of orders you can ask from Court from Action4Justice:
https://action4justice.org/q_and_a/remedy-i-seek/
• Help with court fees: https://www.gov.uk/get-help-with-court-fees
• Check your eligibility for legal aid: https://www.gov.uk/check-legal-aid
• Find a solicitor who does legal aid work on the Law Society website:
https://www.lawsociety.org.uk/public/for-public-visitors/using-a-
solicitor/help-with-paying-legal-costs