Who gets a free coffee from Pret A Manger? And if you don’t, what does that say about you?

It’s a question that has been asked by many in the hours since the chief executive of the sandwich chain revealed that staff are encouraged to give free coffees to people they like.

According to the boss, Clive Schlee, the policy is a cheaper and simpler alternative to a loyalty-card scheme. Staff are allowed to give away a certain amount of hot drinks and food free every week, he said.

So what gets you the free stuff? Is it being attractive or being friendly? A big spender or a branch regular? And does that mean certain people will never get a free coffee? Plus, if you know it’s a company policy, surely that ruins the thrill of a barista’s wink that means “it’s on the house”?

Schlee told the Evening Standard in London: “The staff have to give away a certain number of hot drinks and food every week. They will decide ‘I like the person on the bicycle’ or ‘I like the guy in that tie’ or ‘I fancy that girl or that boy’.”

Such a minefield – and so many questions to answer. Here we look at some of them:

Is it illegal?

Discrimination in the provision of goods and services is covered by the Equality Act, which contains certain protected characteristics, such as age, gender, sexual orientation, race or disability, but not any protection for people less or more physically attractive.

“Theoretically, if you could prove that because coffee was going to younger people, who might be more likely to be considered attractive, that could be age discrimination,” said Tom Draper, associate solicitor at Taylor & Emmet. “But you would have a hard job bringing a case – you would need an employee of Pret A Manger who would say, yes, there’s a company-wide understanding.”

So can you discriminate on the grounds of looks? “When it comes to attractiveness, there’s nothing unlawful,” said Sunita Knight-Webb, principal solicitor at Knight-Webb. “Nightclubs, for example, are renowned for choosing people who are more attractive to come into their venues.”

But you still might be able to prove that your physical appearance is the problem. Draper pointed to the recent European court of justice case of Karsten Kaltoft v Kommunernes Landsforening, which paved the way for obese workers to bring discrimination claims.

“Whilst this it is not to say that people of a certain weight are more attractive than others, if there was a policy not to give free coffee to people who were obese, the server would not know if that person’s obesity is linked to a disability,” Draper said. “Then theoretically it could be discrimination.”

But what’s the value of losing out on a free coffee – starting at 99p for a filter brew? “The only loss would be injury to feelings. It would be a low-value, one-off award,” said Annabel Mackay, managing associate at Addleshaw Goddard.

Kiran Daurka, principal lawyer at Slater and Gordon, said she could not see the personal tastes of Pret employees being a problem. “It does need to be clear to employees that they should be distributing these coffees on a completely equal basis,” she said, admitting that she had been given a complimentary drink in the past.

“But even if employees are subconsciously discriminating on the basis of their personal preferences, Pret has always seemed to me to have very diverse employees so presumably their tastes are similarly diverse.”

Was it a mistake to reveal the policy?

“I think they’ve made a big mistake,” said Jonathan Gabay, a brand psychologist and author. “This is something big brands are trying to do a lot of now: to feel authentic. Knowing that a branch has a certain amount of coffees to give away kills the authenticity of the moment.

“When consumers begin to realise there’s actually a strict process that is behind those moments, suddenly the gesture doesn’t ring true. Personally, I’d be happier with a loyalty card, because I know where I stand.”

What do customers think?

Customers at some of the chain’s London branches had differing views. “I had a friend who had a free coffee once,” said one customer, Naomi, who said she visits the store irregularly. So is it less special now she knows there’s a budget? “Yes, I suppose it does spoil it a bit, but it’s always still nice to get something for free.”

Emre Woolf, who goes into Pret in King’s Cross “most days” on his way to work at a store in Knightsbridge, said he had been offered free coffee. “Just once, it was a female barista,” he said. “I read in the paper yesterday that they have a budget for free drinks but don’t think it makes a difference. If anything, I’d feel less guilty accepting it because I know they won’t get into trouble.”

“I’ve never had a free coffee and I’ve been coming here pretty regularly,” said John, an accountant who works near the Pret on Pentonville Road. “I obviously don’t fit into their category.” Would he ask for one? “No. I’d be suspicious if I got a free coffee to be honest.”

Roy Dyer, a contractor who has been working close to the Pret in Kings Cross for two months, said he has never had a free coffee either. “I guess they’re looking after their regulars. I certainly don’t take it personally that I’ve never had one.”

Does everyone expect a free coffee now?

Michael, working at the York Way branch close to the Guardian offices, said the store had not been inundated since the policy became public. “No, I’ve been at the till all morning and I only overheard one person asking for a free coffee,” he said.

His reasons for giving out a free treat vary. “It’s totally random, maybe if someone’s extra nice or if they are a regular, or if they’ve bought a lot of things,” he said. “There’s no rule, it’s just a nice thing to do.”

Not only does he then offer me free coffee, but his colleague remembers my regular order from earlier in the morning. And even though I know it’s a company policy, it still feels pretty good.