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A disabled woman who sued Tesco because it ordered staff not to help her to pump her tyres has won £1,000 in compensation.
Jenni Crowly, 52, said that she could not believe it when she went to the superstore’s petrol station in Mold, North Wales, and staff refused to check her tyre pressure because they would not be covered by insurance.
Mrs Crowly, who suffers from arthritis and fibromyalgia, which causes muscle pain, sued Tesco under the Disability Discrimination Act.
Tesco defended the action at Mold County Court, saying that the air pump was a free facility, not a service. The supermarket claimed that local staff had offered to hold the hose and that they had an arrangement with a nearby tyre shop for disabled motorists to check their tyre pressures there.
It was a health and safety issue because a fatality could result if staff allowed a motorist to leave the fore-court with tyres inflated to the wrong pressure. But District Judge Viv Reeves ruled that Tesco’s actions were discriminatory and ordered the supermarket to pay compensation.
Mrs Crowly from Connah’s Quay, Deeside, said: “First they said it was insurance, then they said it was health and safety, and then a memo was sent around all store garages telling staff not to put air in people’s tyres.”
She said that another supermarket, Asda, had since written to her and said that its staff would be delighted to help her and other disabled people to check their tyres.
“If Asda can do it why not Tesco? It’s ridiculous,” Mrs Crowly said. “It beggars belief. I hope they will be more polite in future. They will put petrol in my car but they will not put air in my tyres.
“They say it is a health and safety issue yet are quite happy for members of the public to do it.”
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Calvin Stewart : My boyfriend is wheelchair disabled. If he didn't have his car, he couldn't do a number of things that ignorant people like you take for granted. Even though his car has been adapted (he has paid for these changes himself), there is a limit on what can be adapted for him to do.
Tanya, Milton Keynes, UK
I'm able bodied and have never personally put air in my tyres, but I do know where to go to get it done and it's certainly not at a supermarket forecourt. Likewise I would not drop into my excellent local garage to see if they can rustle up a light lunch for me. It's about safe, appropriate help.
Rosie, Farnham,
Presumably the staff at a self-service garage should also be ready (and suitably trained!) to check oil, battery, coolant and screenwash levels? No doubt the forecourt prices would then have to be increased to pay for the additional staff. Tesco this time...next time?
m collins, Leeds,
Damned if you do, damned if you don't. I agree with Chris. Had her tyres been inflated wrongly and she'd had an accident, I expect she'd have sued Tesco for that, as well. You can't win, and I don't think this is a case of discrimination.
Dee, Surrey, England
you pays the money and takes your choice.
presume the fine will allow the lady to go to dedicated garage
john haydon rowe, javea,
Under the Disability Discrimination Act, a provider of goods or services has to make reasonable adjustment for disability. I think that helping a disabled customer to inflate their tyres is a reasonable adjustment.
DLA isn't there to substitute for people's legal obligations.
Sue, Birmingham, UK
This just shows how our country is going down the pan, next well hear someone has sued KFC for not giving a customer a cheese burger, How on earth can this be discrimination when the service isnt offered to anyone? I just cant work that one out, and although I would have helped the disabled lady myself if she would have asked, it does beg the question, should a disabled person be driving a car if they cant do basic things that we all do take for granted?
Calvin Stewart, Liverpool,
My thoughts exactly, Sarah. John from Preston do you see any mention of disability allowance? I don't and do you know how hard it is to get DLA with this condition? It's more than likely that this lady doesn't get anything. From one who knows, never think it can't happen to you.
Terry, Lancing, UK
Joe, Bristol, How do you know shes not giving it to charity. How dare you call her a troublemaker. Maybe you will find yourself disabled and needing help which is refused some day and then you will know how it feels. You have no idea what fibromyalgia is like so until you do keep quiet. Good on her.
Sarah Smith, Kingston,
I disagree with what some have said, (we are all going down the road where are needs may become more dependant on others). However, I will defend to my dying day, your right to say it. Freedom of speech rules.
Peter, Dawlish, England
i just hope you are never disabled enough to warrent help, having a bit of courtsey for the less fourtunate in life is not a bad thing, all staff that are employed should be fully trained in all equipment on a forecourt. A good garage normaly has an up todate chart for tyre pressure at the pump
alan phillips, stoke on trent,
I'm with Tesco.
The sort of person that makes a meal out of this and ends up a £1000 richer is usually a troublemaker in my opinion.
Just because she is disabled does not excuse her behaviour.
If she has any decency she should give the money to charity.
Joe, Bristol, UK
Could she not have asked somebody else? Oh she wouldn't be a thousand pounds better off then would she.
Part of her disibility allowance is given to allow her to pay for these type of jobs to be done. She's merely using Tescos to save money and in this case warn it.
John, preston, England
Have to say I'm with tesco on this one.
The refusal was not because she was disabled but for liability reasons.
It's totally unreasonable to expect Tesco to also supply a fully trained person 100% familair with every single tyre pressure for all vehicles loads and speeds.
Lance, Crawley, UK
Come on Chris D. Where is common sense and courtesy in helping an obviously disabled person. Humanity man....
george, K L, Malaysia
Somebody asked for help and it was refused for some be-suited reason. Whether or not it is specifically discriminating against a disabled person or not it's just an example of what happens when managers refuse to take the reins for fear of....what precisely?
I'm glad the case went against them.
Paul Jones, Newtown, Wales
I am not sure where discrimination comes into it. If Tesco staff don't offer assistance to anyone then how could it be discriminatory? A big problem for the staff would be if they inflated the tyres (anybody's) to incorrect pressure and the vehicle was subsequently involved in a traffic accident.
Chris D, Edinburgh, Scotland