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Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book

Wednesday 8 September 2021

WAITROSE STAFF UNMASKED

 



That's an 'A' board you see. It is outside the Havant, Hants branch of Waitrose at which a relatively large proportion of staff will not wear face coverings while on the shop floor. Management say they encourage them to do so. Indeed, they give the same encouragement to shoppers and, from my experience, most shoppers positively respond. There is not unanimous agreement on the effectiveness of face coverings in enclosed spaces. But I suggest that in shops, at least, there should be respect for the wishes of the owners and face covered shoppers who believe that protection is afforded by the wearing of coverings by all customers and staff for whom wearing a covering does not raise any health issue.  Here's a summary of my recent email exchange on the subject with the Waitrose executive office. If you bear with me, you will find out more about the 'A' board.

Me to Waitrose
13/08/2021
Good Afternoon
I have shopped in your Havant, Hants store every day this week. I am appalled to see a material number of staff - three of them today were supervisory - without face coverings and without any displayed indication that they were exempt from wearing such a covering. What sort of message does this convey to shoppers who are civilly asked to take various health precautions and, from what I have observed, are in the vast majority of cases doing so? In short, your shoppers are behaving more responsibly than your staff. Why do you not prevail on staff at the store to be masked or, at the very least, withdraw from client contact if they refuse? By virtue of the large proportion of unmasked staff, it is highly unlikely they were all exempt in any event.

Waitrose to Me
13/08/2021
Dear Stephen
Thanks for getting in touch with us.
....In line with government guidance, we will recommend that our customers and Partners in England continue to wear a face covering unless exempt, from 19 July. The decision over whether to do so or not, when in our shops, will be for each individual to take, based on their own judgment.
I do appreciate your concern, despite the relaxation of Government restrictions. Across all our stores we will be retaining perspex screens and hand sanitising stations, We will also maintain all of the hand hygiene and store cleaning disciplines which have served us well since the start of the pandemic.
Thank you for taking the time to share your concerns and I will ensure your comments are fed back to the branch manager at Havant.
....

Me to Waitrose
14/08/2021
Dear Josh
Thank you and noted. But that is a highly unsatisfactory state of affairs, is it not? What is the legal impediment to you taking a Partner who refuses to wear a mask off the shop floor to discharge other duties so that customers are not exposed to them and the danger they present? There is none of which I am aware.

Me to Waitrose
14/08/2021
Dear Josh
An update, Just back from waitrose, Havant. The lady on 'customer services' is unmasked. Customer disservices?

Waitrose to me
16/08/2021
Dear Stephen
Thank you for getting back in touch and for your suggestion.
I'm very sorry that you're unhappy with our response and I do understand how you are feeling.
Unfortunately this isn't something we would be able to do with our Partners due to operation of our shops - the majority of the tasks take place on the shop-floor and there aren't dedicated 'back of house' teams.
I will continue to pass on your feedback to the branch manager as well as to our leadership teams to review.

Me to Waitrose
17/08/2021
Josh
...
I observe today that the safety guidance to customers is displayed close to the store entrance but inside so you have to be inside to read it whereas my recollection is that it was formerly displayed in the front window (possibly, as well as inside). For the obvious reason, exclusive display inside is not sufficient, is it?

Waitrose to me
17/08/2021
Dear Stephen
Thanks for your response.
...
I'm sorry to hear that some of our safety guidance is positioned inside the branch. I will speak to branch management about this to make the signage visible to customers outside of the branch. Thank you for bringing this to my attention.  

Me to Waitrose
21/08/2021
Josh
...I would have hoped - as I am sure would you - that this particular complaint could have been put to bed but, alas, I have more depressing news. The signage and the positioning have not changed and so it would seem that your direction or advice (as the case may be) has not been heeded. I have started on the task of producing a notice that can be prominently displayed in a front window and which follows the wording of the covid notice to be found within the store. If the branch management team can take  a few minutes off from encouraging staff to wear face coverings and contact me, arrangements can be made for me to affix the notice to a suitable position. I would not make any charge for my services.
On my visit to the store this afternoon, only two cashiers were face covered which then increased to three. One of the uncovered was the young lady on the fast 'baskets only' till. I would have thought that this was unsatisfactory as this till surely needs to be well patronised to take the pressure off the other tills but I did observe that customers, as did I, were unsurprisingly keeping their distance from her. Perhaps those members of management who are singing the praises of mask coverings need to raise the volume of their voices or take a course in the powers of persuasion.


Waitrose to me
24/08/2021
Dear Stephen
I'm very sorry to hear that the signage has not been moved to a clearer position outside. 
I have spoke with...the branch manager who has arranged for a sign to be placed outside. They have also ordered a new signage display which will sit outside to display the safety message to customers. I apologise that this wasn't in place previously.

Me To Waitrose
04/09/2021
Dear Josh
Yes, it is me again. The signage outside is an 'A' board: one side has advertising material and the other side is devoted to covid health precautions. During the week commencing 23 August 2021, the board on successive days was situated so that the health precautions side could only be read by customers approaching the store along the pavement outside in one direction or so that the health precautions side was only visible from inside the store and facing out (see photograph above which was sent) and on one day it was absent.
I think that Waitrose, Havant is having a laugh. Don't you?

Waitrose to me
06/09/2021
Thanks for getting back and I hope you are keeping well.
.... I will raise this with.. the branch manager so he can address this with the team and look to resolve this.
Thanks for bringing this to my attention. I hope you have a lovely rest of the day and rest of the week.

Safe shopping.