Issue with trading standards

[easy85]

Hi All,

I have a big problem and would need some advice.

I started working in this store some 7 months ago as a supervisor.

Recently, I was working on my whole day shifts and stocking up the store as usual when my colleague called me out to tell me someone wanted to buy fireworks.

I asked which one she wanted and went to the back to get it. I asked her if she had an ID and she said 'NO'. She though did look like a familiar face and decided to sell it to her as she was a regular and she might have come with her ID before.

Minutes after she left the trading standards walked in and served me a notice and told me I was going to court.

 

My company has suspended me with pay for now and told me they would not provide me with any lawyer. I explained to them (my company) that though I understood everything that went on I was sorry an age authorisation report did show that I actually had been refusing people on the basis of age.

I had been working 19 hours and it was increased to 40 hours with the departure of the deputy manager. In some cases I have had to do 12 hour long shifts back to back. The day prior to this event I left the store one hour late as the alarm would not set and had to open the store at 5:30 am again in the morning. I explained in defence that I was physically tired and I was dearly sorry for my act. Also pointing out gaps in my training.

 

I have to face the trading standards alone. I dont know what to say and I am so sorry. I only have the letter from the trading standards and an age authorisation report that shows I had been refusing sales of people underage.

 

Please I know I havent done right. I have never committed any offence before. I have cried and beaten myself over this. I just need help.

 

I need to know how to face the tribunal, please help me

Edited November 5, 2012 by easy85

[becky2585]

Are you allowed a companion? Work colleague, friend, family member etc?

 

Are you personally facing a fine as a result?

[easy85]

I was allowed a colleague when I was being briefed at work. I dont know if the trading standards will allow me bring in somebody.

I am facing a fine and a possible jail sentence 6 months on the maximum

[assisted blonde]

The usual action is a fine for the person commiting the offence, there are IMO no excuses about not taking ID, you asked for ID was told they didnt have any and the correct action would have been to refuse the sale. Having said that we all make mistakes. The store will probably be asked to update their training as well.

Test purchases are commonly used and if there is only 1 failure retraining is all that is normally required.

Working long hours is not really a mitigating circumstance as you have already said you asked for ID so you must have had some doubts as to the age of the customer.

But at the end of the day your company may decide to part with your services as you have only been employed for a short while, but if you are honest with any future employers then it shouldnt go against you too much.

Good luck.

[easy85]

Thank you very much assisted blonde. Been to the citizens advice bureau and they have told me to seek legal advice from lawyers who work with such issues asap. I will be happy if people could give more advice as to what I have to do. Please

[smithy70]

As you potentially face jail. although I very very much doubt it would get anywhere near that you will be entitled to free representation. Find a list of local legal aid solicitors and go and see one asap

[easy85]

Hi Smithy, that was what I saw on the website when I checked it. The guys told me I could be prosecuted though.

I have made a few calls to some and they have told me they will get back in 24 hours as meeting them is on an appointment basis.

[stu007]

Hi easy85

 

What exactly is the companies policy on selling Fireworks and age verification?

 

Are signs displayed in the store that ID must be produced to purchase fireworks?

 

Does your company have the relevant license to sell fireworks?

[smithy70]

Ok so you haven't been arrested or charged yet?

If you are, do not talk to the police until you get the duty solicitor

I am afraid the criminal justice system is far from perfect but I would say the chances of you going to prison are about nil

[assisted blonde]

1st of all the case may not go to court trading standards may take you to court or they may not the word here is may. If you are summonsed then in the case there is really no option but to plead guilty and offer some mitigating circumstances, the fact that you were tired had worked long hors etc dosnt really cut the mustard but the fact that your store does keep a refusal book and you do make entries into will show that there is due dilligance, I assumne that all correct signage is in place at the premises?.

Your employer can also be responsible as this is an absolute offence that they can be guilty of even if they did not make the sale themselves.

You made a stupid mistake and you may well have to pay a fine but at the end of the day that is it, please dont worry too much, certainly see a solicitor and take legal advice though.

[easy85]

thank you all. The companies policy is standard as other companies. No ID no sale.

That been said I know I made a stupid mistake and its part of my learning curve. Been to a lawyer and he told me the same thing but didnt give me any assurances the trading council would not take it further.

I do appreciate your contributions and welcome more.

As assisted blonde said about the log which I have, I only learnt how to do that last month and a sales assistant who had been there for a few years showed me how to put it through the till recently.