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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.
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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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