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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10715
Experience:  Barrister 17 years experience
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Hello, I was wondering when the disciplinary can be given?

Customer Question

Hello, I was wondering what is the law when it comes to disciplinary. I work in retail we have this challenge 25 for purchase of alcohol. If a person looks under 25  he needs to be asked for Id to prove that he is over 18. Resonantly head office resided to test staff. They send someone who is 23-24 years of age to buy alcohol. it the cashier fails to as ID ( cos she is sure that he is not underage ) she is in trouble. First you get warning letter if you fail again its first disciplinary and second disciplinary means you are out. My question is where the personal companies rules meets the law? Can they do this to me, can they send me warning and etc cos I failed to judge someones exact age? Thank you

Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. I regret to say that the company's personnel rules meet the law, as selling alcohol to an underage person is against the law. It is a criminal offence for both the retailer and the person who sells the alcohol in the store. So if you breach the company's internal rules against selling alcohol to potentially underage persons, then they are entitled to discipline you. A "two strikes & you are out" policy will be upheld by an Employment Appeals Tribunal if challenged. This is because all of the law in Ireland is framed against selling alcohol to underage persons. The fact it is a criminal offence means that all employment law in this area will work to prevent a criminal offence being committed. Whilst your company has a wide tolerance limit, in that they require ID for anyone who looks under 25, this will not mean that their disciplinary procedures will not be upheld. As staff have been informed in advance of the company policy and will be required in law to follow it.

Buachaill :

2. You need to realise that because the DAil has passed several Acts of the Oireachtas against underage drinking, no court or judge, will step out of line and appear to be soft on preventing underage drinking. That is why a court challenge to the legality of the discipline of staff for not being preventative towards underage drinking will fail.