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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
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We currently operate a challenge 25 policy at my company it

Resolved Question:

We currently operate a challenge 25 policy at my company it specifically states "anyone who appears under 25 should be challenged for id". Now we conduct mystery shoppers to test this policy who are over 18 but under 25. If a staff member serves a test purchaser without requesting Id can they be subject to disciplinary procedures even if they believed to person to have appeared over 25 in their opinion.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What would you like to know about this?

Customer: replied 1 year ago.
I would like to know if an employee can be disciplined as failing to operate the challenge 25 policy for serving an internal test purchaser who is younger then 25 without requesting Id. The policy states "anyone who appears under 25 should be challenged for id", but if in their opinion the purchaser didn't appear under 25 are they still open to disciplinary precedings
Expert:  Ben Jones replied 1 year ago.

That is possible, because whilst somewhat subjective, it is still a policy that can be applied. What it would come down to is whether on the whole it wold have been reasonable to assume that the person in quesiton was under 25. Just because someone is under 25 does not man that they would necessarily appear to be younger than 25. So you would have to look at whether a reasonable person in your position would have been expected to believe that they are indeed under the age of 25. When the employer disciplines the employee they would have to consider the person's features and what they believe would have been reasonable to assume in the circumstances. It is certainly not an exact science, but disciplinary is possible.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
We never see a picture of the individual we have are only ever informed of the test purchasers age, so surely this would make disciplinary difficult considering the person chairing the hearing would nit have seen the tester in question and are purely basing it on their age absent a picture
Expert:  Ben Jones replied 1 year ago.

Yes but remember it is not just the opinion of the disciplining officer, they need to consider what a reasonable person would have done so they could for example takes statements from several others who have seen the person to see whether they would have ID'd them. But if there are no such statements and no photo, it would be difficult to justify

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Customer: replied 1 year ago.
Thanks for the help
Expert:  Ben Jones replied 1 year ago.

You are welcome