Just had a lengthy debate at Morrison Livingston when they refused to fill my system ,I would not move off the forecourt and caused a in house at till queue as I stood my ground awaiting head office call me
Sad to say they would not refill my system even though I pointed out the system is recognised by the mcc etc here's their e mail to me
Gonna ask the mrs to not buy ought from them nooooooo
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Hiya im having the same issue im arguing the fact that they are indirectly discriminating againt a group of people an manufacturers and disabled people putting them at a disadvantage. ive got a formal complaint in i suggest escalating it past anas. He is ignorant and generic with his response. Im in communication with Equality Advisory Support Service they are advertising that there is a case that thier policy is indirectly discriminating. Ive also contacted the manufacturers i have the campko hybrid refillable tank 30l black they are also advising me regarding the complaint as they are in disbelief that thier tank is being refused. Morrisons excuse is because the tank is removable i can no longer fill it at any of thier pumps. This is the response from the EqualityAdvisorySupport to help us with the complaint.
Dear Craig,
Thank you for your call to the Equality Advisory and Support Service (EASS) back regarding your issue.
I can see from Morrison’s response to you that they are following their Health and Safety policy in regards to not filling your LPG tank.
This could mean that the issue may fall under the statutory authority exception, as Statutory Authority allows organisations to comply with other laws, so where other laws are present and the characteristic is age, disability, religion or belief, sex or sexual orientation then the Equality Act cannot intervene. It states in the Act in Schedule 22 the following:
A person does not contravene the Act with regards to certain protected characteristics if the discriminatory act is done in pursuance of a requirement of an enactment.
This means that an individual would be unable to take a complaint under the Equality Act where the statutory authority exception applies. Simply put this is when the organisation has acted in accordance with another law. In adhering to specific laws organisations have to conduct themselves in a specific way as failure to do this could lead to a breach in that law.
E.g. Health & Safety Assessments, Risk Assessments, Data Protection Checks, Benefit Applications, the Equality Act etc.
You could still choose to raise a formal complaint of indirect discrimination if you wish, and to that end, please find attached our template letter for indirect discrimination in services.
Indirect discrimination is defined as:
A person (A) discriminates against another (B) if A applies a provision, criterion or practice which is discriminatory in relation to a relevant characteristic of B’s
In this instance the Health and Safety policy prevents Morrison’s from refilling your refillable LPG bottle which is used in your motorhome for heating. As a disabled person, this refusal has left you without any heating in your home. This policy may affect disabled people in general as the refillable bottle is a more accessible way of filling the LPG rather that having to remove and replace pre-filled heavy bottles.
If you complete the letter you would then return it to Morrison’s and they would then have 14 days to reply. After 14 days, if you have had no reply, or if you receive an unsatisfactory reply you could look at legal advice on escalating your complaint as you do have 6 months minus 1 day from the incident date to do so. This can include making a discrimination claim to a County or Sheriff Court.
If you go to the following link for Law Works, enter your postcode and select ‘civil litigation’ from the drop down menu, it will then list your nearest free legal advice service who should be able to assist you further:
Welcome to the legal advice clinic search To find your local clinic, type your postcode, city or town. You can also search for clinics according to the area of law or both. Once you have completed the search, click on the title to see the LawWorks page for the clinic, which will provide further...
www.lawworks.org.uk
I hope this information is helpful. If you have any further questions, please do not hesitate to reach out to us again.
Kind Regards
Deborah
Equality Advisory Support Service
