shop refused to serve me?!!?

[elliesm98]

I'm 32 weeks pregnant, OH lost his ID in November and hasn't ordered a new one yet as we are using all our spare money for this baby.
Now, OH smokes and because we are both 20 it is impossible to get served without ID, so i've been going in the shop for him. I usually get them in Tesco or get them delivered with online shopping, but popped into the co-op on our way home earlier, asked for his usual and the cashier loudly said 'I can't serve you, you're pregnant and shouldn't be smoking' in front of all the other customers making me feel embarassed. AIBU to think that this was unprofessional of him and he has no right to comment on what im buying!! maybe i'm just getting emotional about it because of hormones. I mean is he legally allowed to refuse to serve me ?

Not all of us pretend to have more qualifications than we really do.

No, you just pretend to understand the relevant legislation that I can 100% assure you has nothing to do with allowing people to discriminate on who they sell to. The man very specifically said he was withholding an item from her based on his perception of her protected characteristic.

Yes. You are the master of your own store

Except he wasnt. If he felt so strongly it was his right to tell a pregnant woman.what she can and cannot do he should have called the manager for clarification who would have (hopefully) asked him "wtf he thought he was policing adults choices and told him to stop being a misogynist arse and risking the store being sued for pregnancy discrimination and to sell op the cigs."

The ID thing depends entirely on your local council. I have four DC and never needed to show ID, registered in two separate councils as well. The second one did mention wanting ID on the letter which surprised me because the other council never did. However we were both knackered parents of a week old newborn and forgot, they didn’t stop us registering him.

Aside from that, a new provisional licence is about £20 so two packs of fags. He could do with prioritising that over his addiction. I would be mortified buying fags in a shop whilst obviously pregnant, surprised you weren’t. The SIDS risk has been mentioned umpteen times. It doesn’t matter whether he smokes outside or not, merely holding your baby makes it a huge risk.

Definitely ignore the poster from the 1950s that smoked throughout her pregnancies and believes second hand smoking isn’t a thing . There’s always one...

Ah ha so I was correct about stores not actually having to sell anything to anyone if they don't want to.

there was no legitimate reason for the refusal to provide the service.

There was no legitamate reason. The shop assistant is not her gp and has no actual professional medical knowledge relevant he only has his opinion that he can tell an adult what she can and cannot do.

I am.not saying op should go to court but you can bet your bottom dollar that she would get an apology before the coop risked being publucly called out on pregnancy discrimination.

Are they going to make it nationwide policy that pregnant women should be humiliated over thier buying choices? Wine, cheese, beer, meats, eggs etc? Buying for other people?
I doubt it. They will be covering their ass pdq.

@elliesm98 I've tagged you in another thread I think you might find interesting! The Op is in a similar situation (almost exactly) to you. She was given quite a lot of shit for not doing what you did. The point is that some people will choose to jump on a young pregnant woman whatever the situation.

t is unlawful to refuse to provide a service to a prospective client on the basis of age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex or sexual orientation.

Which is the bit that @ReallyFrida seems to think would provide the basis of a legal case.

Pregnancy There is no law against a woman purchasing cigarettes while pregnant and pregnancy is a protected characteristic. You couldn't refuse to sell her cake because it might affect her GD, you can't refuse to sell her a bottle of wine because she might drink more than a couple of units. I'm sorry you don't understand that and you may continue with your bad googling.

A trader or service provider mustn’t refuse to provide you with goods or services or stop providing you with goods or services because of your, or someone else’s, protected characteristic.

here was no legitamate reason. The shop assistant is not her gp and has no actual professional medical knowledge relevant he only has his opinion that he can tell an adult what she can and cannot do

I'm not sure where Tesco Dave got the idea that he was the OP's doctor, but from this thread I can see that everyone thinks they get an opinion.

Taken from the citizens advice website

Taken from the NCT website:
The National Institute for Health and Care Excellence (NICE) updated its recommendations about co-sleeping in December 2014 and confirmed that although Sudden Infant Death Syndrome (SIDS) is rare, it does happen more often when parents or carers sleep with a baby (on a bed, sofa or chair).

Half the mums on here co-sleep but they are piling in to tell you that your partner having the odd cigarette is putting your baby at risk. He's not risking your baby any more than they are. And yes, he could choose not to smoke but they could choose not to co sleep. Works both ways.

RedRainSinister, what is your evidence that the people contributing to this thread co-sleep?

. I’m not going to keep nagging at him and force him to quit smoking, what is that going to achieve?

A reduced risk of sids. A healthy environment for your baby, who has no choice.

I didn’t realise smoking made someone not responsible or ready to be a dad? :)

Now you do.

You obviously know very little about second hand smoke and sids if you think him smoking outside is enough.

It's a shame when people who aren't 100% committed to being a responsible parent have children.

@MarilynSlumroe

The section that example is from states:

there’s no need to compare your situation to someone else’s. All you need to show is that you were treated unfavourably because of pregnancy and maternity.

The op asked if the shop assistant was legally allowed to refuse to serve her cigarettes. The answer is no, he isn't - what you assume would happen in court is irrelevant.

Can't believe someone is trying to compare cigarettes to co-sleeping...

You might want to return your law degree to the kinderegg where you found it.

I know it’s not relevant but this is now my favourite insult of all time

From the NHS website:

A review published in 2006 which found that babies in households where the father smoked but the mother did not, were 1.5 times more likely to die from SIDS than in households where father didn’t smoke.

Also OP has said 4 or 5 cigarettes a day. So hardly the odd cigarette.

Please fuck off RedRainSinister - mother sleeping next to baby is the most natural mammalian instinct in the world. Done safely it has no more risk factors than baby sleeping alone.

Smoking is fucking vile and unnecessary and inexcusable.

But RedRainSinister does have a point about co sleeping too.

www.nhs.uk/news/pregnancy-and-child/sharing-a-bed-with-your-baby-ups-risk-of-cot-death/#what-did-the-research-involve