Employment Law

[fudgefudge]

My grand daughter worked for B & M she's 17 Worked on till , when selling alcohol and no supervisor and on floor they normally use someone else use's a card to allow sale shes been suspended for allowing someone to buy alcohol is this correct

[fiction-factory]

I'm not clear whether you are saying she did sell alcohol but if it's a rule that she mustn't sell it and suspension is the sanction then it's right. They could just sack her as she has not been there long

[fiction-factory]

It may also be against the law for her to sell alcohol

[ummmm]

Yes. You have to be 18 to sell alcohol.

[murraymints]

Or have another sanction the sale ^

[zebo]

What is the company's written policy regarding minors selling alcohol? Was she made aware of this and given a copy as a part of her employment contract? It maybe that there has been a mystery shopper testing the store's policies and its application and if they have been found to be in breach of the law, your daughter is being made a patsy. How many are there on the floor who can authorise the sale, I know B and M and it never seems well-staffed?

[ummmm]

Minty...read the OP again.

[Old_Geezer]

No offence to ff but it isn't easy to read.

If it was normal practice to use a common card to sell alcohol then that sounds like a management/company malpractice, rather than a young employee one, to me.

If, on the other hand the granddaughter was told she was not to sell alcohol and opted to use someone else's card on her own initiative that the granddaughter should be in trouble.

[Hymie]

Even if your granddaughter could show that it was standard practice within the shop she worked (for underage staff to sell alcohol) with the full knowledge of management – it is unlikely to increase her chances of remaining employed by B&M.

My advice would be to start seeking alternative employment and hope the authorities don’t take the matter any further.

[fudgefudge]

Thanks to all. I've calmed down now. she has never been informed of companys policy on selling alcohol. Normally a supervisor is called to enter card when checking underage. but no supervisor was available, So anyone on tills who had key would pass it round. so custom and practice proveils as i thought she was under pressure till line was full

[Jackdaw33]

This may sound harsh, but from a customer's point of view the simplest answer would be not to employ under 18s or Muslims on checkouts. Then there would be no problem re the sale of alcohol.

[Buenchico]

Section 153 of the Licensing Act 2003 makes it an offence for 'responsible person' to permit the sale of alcohol by a minor unless that specific sale has been approved by that, or another, responsible person.

So where an assistant is under 18, no sale can be made unless the licence holder (or another person, over 18 years of age, to whom relevant responsibility has been given) checks that the customer is over 18 years of age (and also not otherwise barred from the purchase, e.g. because he's already intoxicated).

That's not a 'store policy'. It's simply what the law insists upon. (A store might well have its own additional policy though, such as 'Challenge 25').

http://www.legislation.gov.uk/ukpga/2003/17/section/153

Any of the shop assistants, who were over 18 years old, who allowed a minor to sell alcohol (by passing them a key or card), without themselves checking upon the status of the customer, would be committing a criminal offence. Similarly the manager (who is presumably the licence holder) would be committing a criminal offence is he allowed such practices to go on.

Your granddaughter did not commit a criminal offence but (even if there was no specific training in the matter) she must have been aware that she was breaching the store's policy (even if she didn't realise that such a policy was laid down by law) simply because it should have been obvious to her that there must be a reason why she couldn't sell alcohol directly.

[Peter Pedant]

Umm minty did ( read the OP ).

they use someone else's card to allow a sale
NOT someone else sanctions it
this used to be used in Tesco when I went there

well as someone else has said - no one has rights until 24 m employment so they can just terminate. I would be inclined to say /tell her to say sorry she thought it was custom and practice and she wont do it again

presumably there is a back story here where someone has told her how they get around the system informally and she did it in front of mgt and an inspector / regulator

[ummmm]

That's what I was saying.

I said you have to be 18 to sell alcohol, Minty replied unless someone is there to sanction it...but it's clear from the OP that no one was there to sanction it so it's an offence.

[Peter Pedant]

// shes been suspended for allowing someone to buy alcohol is this correct//

well t is correct

do they have the power to fire her ?
yeah we think so - as she has no rights under 24 m employment

does that mean they can fire her - when someone else in the firm has committed a criminal offence when she hasnt ? and the person keeps his job and she doesnt ? yes but I would if that happens tell the CEO of B & M about it - and his email just happens to be [email protected]

well it seems a bit unfair that she gets kicked out and the supervisor doesnt, doesnt it ?

[Peter Pedant]

yes that is what I am saying
people arent reading the sccript properly

//so it's an offence.//

but not for her - for her supervisor

[Peter Pedant]

the qualifying period ( to bring cases ) is 24 m

in some cases the qualifying period is by statute set at zero
( yippee you can bring a case even if employed for under 24 m )
and she doesnt come near any of the categories
( sex pregnancy, union work, whistleblowing )