Right so tonight at work, ( i work in a chinese restaurant take-away ) a woman sent her children round to get her as much fried rice and curry sauce for £8 as she could, and the wee girl told me this and i gave her two lots of fried rice and curry sauce mixed at £3 a portion thus leaving her with £2 change, anyway about an hour later the mother and another woman who frankly i thought was a junky came up and complianed we had gave them the wrong order and insisted on a refund, however i showed her the ticket which read FR + CS (x2) £6 and she had recieved the two lots of it, but she insisted on it was my fault for not checking this wee girls pokets for a note reading the correct order and she wanted a refund, when i spoke to my manager she agreed with me that that was indeed the order and that no refund would be issued however she started banging on about statutory rights and a 14 day returns policy, in me defence i knew nothing of how this affected food but i would imagine that we could only legally be allowed to change it if the order was wrong(which it wasnt because the wee girl told me thats what to get) or if faulty ( the rice was fine, the curry sauce was fine so nope) and i told her the 14 day rule couldnt apply as it was a perishable item and after 14 days it would have disintigrated but she kept on insisting, the 14 day rule applied, anyway long story short my question is does anybody no the rules surrounding this situation and what legally should have happend, and it all ended up with her being racist i screamed at her she threated to phone environmental services and alot of my friends got threatend by her, and eventually Bo-Ye (my boss  ) just gave her the food to shut her up sorry for the rant, i was angry at her, alot i scremed loud:|
cheerz any advice comments or anything saing she was a junky is welcome
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Screaming at a customer, however provocative she may have been, may not have been the best course of action. However, it sounds like she was trying it on and it worked ... she obviously got the extra food she was after.
I don't know much about the law (and whatever I know probably works differently in Scotland anyway!), but I think you would have been on far shakier ground had you gone through a young girl's pockets in search of a note.
Moral - if this woman wants the order filled accurately first time let her come and buy the food herself instead of sending the bairn for her messages.
I hope you feel okay. Things like this can be very upsetting.
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oh i wasnt upset by the experiance, i quite enjoy a good argument, i frequently argue with problem customers in my work, i feel it brightens everybodys night(I) , im getting them to make a sign sayin "our counter staff will take no shyte from anybody, dont try it we will shout at you"
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Allrighty, first of all, you have no obligation (and indeed no right) to go through the pockets or any other personal possessions of any customer, least of all a minor, so to that end you made the right call.
Further, your responsibility is to the customer and nobody else, and where a responsible adult is not present at the time of in this case ordering and financial exchange, then you have culpability limited to the exchange with the child. To that end, the adult in question has no call or response to enforce any trade agreement made in that exchange.
Put simply, the woman should have hauled ass down herself and made sure the order she wanted was placed instead of sending her child, and there is absolutely no Scots legal reason to justify her demands. To all intents and purposes, your manager probably made the best choice in terms of shutting the damn woman up and getting rid of the problem in the pro term, but for future reference, it's a chancer technique that's worth dealing with bluntly and if the customer in question becomes aggresive, as in this case, by involving the police post haste.
That's my all on this :tongue:
Ky xxx
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Woolfe Wrote:...That's my all on this ... Good call! We've missed you, Woolfe. 
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I have been reading the Scotish Policemans Companion as one of the things i wanted to do when leaving the Army is to become a police man ( but thats on hold as i would have to get laser eye surgery!!! ) I also have an SIA licence that when i sat it i had to do a hole part on Bar and Restraunt Food And Drink law....was sooo boring.
So on the scottish side of things, if you had looked thru the girls pockets you could have been arrested so shes wrong there. Even morally wrong as would you look through anyones pockets for the 'real order'??? NO.
Secondly your transaction was with the child however, as she was under 16 the mother can come back to complain about her childs statutory rights, however as at was a removable and perishable item of food, 'unless she had brought back a good portion of the meal' as proof to complain of it being unable to eat due to bad cooking etc.... then she may have had a leg to stand on or if she had returned the whole meal intact to at least back her up that this was the wrong order then and only at that point has she got a case.
SO lets say she has brought back the whole meal....but then as it is still 'tamporable' it is only up to the managers dicression to change it. Your manager should explain that then say wether or not he is willing to refund it. If she kicked off then she could be done under english law for a 'Section 5 of The Public Order Act' Breech of the Peace.
If you get angry it only obviously irritates the situation. IF i had been in your shoes i would of told her to fuck off your custom is not wanted in this shop, as i hate chancers like that grrrrrrr, she obv was just trying it on as she got what she wanted in the end, free food.
The law is very clear on one point, if you eat all the evidence then you have no case!!! :p
Hope that helps jake, sorry its mostly all definite Scots Common Law. xxxx
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albabonzai firstly thank you, secondly its robertson not jake :L and thirdly i did tell her to fuck off, she got some amount of abuse from me when she started bein racist, i despise racists
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Robertson Wrote:Right so tonight at work, ( i work in a chinese restaurant take-away ) a woman sent her children round to get her as much fried rice and curry sauce for £8 as she could, and the wee girl told me this and i gave her two lots of fried rice and curry sauce mixed at £3 a portion thus leaving her with £2 change, anyway about an hour later the mother and another woman who frankly i thought was a junky came up and complianed we had gave them the wrong order and insisted on a refund, however i showed her the ticket which read FR + CS (x2) £6 and she had recieved the two lots of it, but she insisted on it was my fault for not checking this wee girls pokets for a note reading the correct order and she wanted a refund, when i spoke to my manager she agreed with me that that was indeed the order and that no refund would be issued however she started banging on about statutory rights and a 14 day returns policy, in me defence i knew nothing of how this affected food but i would imagine that we could only legally be allowed to change it if the order was wrong(which it wasnt because the wee girl told me thats what to get) or if faulty ( the rice was fine, the curry sauce was fine so nope) and i told her the 14 day rule couldnt apply as it was a perishable item and after 14 days it would have disintigrated but she kept on insisting, the 14 day rule applied, anyway long story short my question is does anybody no the rules surrounding this situation and what legally should have happend, and it all ended up with her being racist i screamed at her she threated to phone environmental services and alot of my friends got threatend by her, and eventually Bo-Ye (my boss ) just gave her the food to shut her up sorry for the rant, i was angry at her, alot i scremed loud:|
cheerz any advice comments or anything saying she was a junky is welcome
Actually, you should check whether it is actually legal for a child to buy anything without parental surveillance in a shop... I'm sure there is a legal age under which you are not obliged to sell. The woman could have sued you for selling goods to an underage child maybe? So look into that, next time don't serve customers under a given age... How young was the child? As for looking through her pockets, no go! You couldn't do that, nor would you even have thought of it... That woman is obviously using her child to get a free meal ticket.
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You all are just making me hungry  I can even smell something cooking somewhere...
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I would have called the Police and had her arrested....
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The Law and Such, Help:)
