My daughter started working for a supermarket as an online driver delivering groceries, last week her manager informed her that she had failed to challenge a customer with reference to there 25 policy .after an investigation meeting it has now been escalated to disciplinary level. Firstly she did not sell the customer the age restricted items she just delivered them , secondly in her opinion the customer looked over 25 ( he was actually 19)hence why she did not challenge his age coupled with the fact that she has had basic training rushed through by managers to get her to do deliveries. She was never made aware the company used mystery shoppers to try and trick drivers and the handsets used to carry out her deliveries are faulty. Would it be legal for the company to give a verble, written, final written warning or to dismiss her
Disciplinary
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Yes it would be legal for them to take disciplainary action and ultimately If your daugher has less than two years service then she could be "fairly" dismissed unless she can claim a criteria for her dismissal that relates to discrimination based on a protected characteristic.
What your daughter will need to do as part of her defence is to try and rely on the inadequate training in particular that part relating to the fact it is her responsibility to challenge age if the customer she is delivering to does not look 25. She may also want to point out that she was never informed that msytery shopping took place. If she can make a strong enough case of these facts she may be able to limit the level of action that is taken or avoid it all together.If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com
I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.
I do my best to provide good practical advice, however I do so without liability.
If you have any doubts then do please seek professional legal advice.
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