Is the customer always right when it comes to alcohol and pregnancy?

A recent post on the popular social networking site Reddit has generated a great deal of media coverage and online debate on personal accountability and the rights of serving staff when it comes to alcohol.

12th August 2019

The post described the experience of a member of staff serving alcohol to a group of people of which one was pregnant.

When the group, including the expectant mother, ordered a number of rounds of alcoholic cocktails, a member of staff decided to take matters into their own hands and replaced the pregnant woman’s drinks with non-alcoholic versions.

The ‘switch’ was only discovered when the bill arrived, showing that the drinks were non-alcoholic. The pregnant woman was so furious that it resulted in the server being suspended from work.

The incident raises some important ethical questions: was the server right to take matters into their own hands? Is it down to the customer, pregnant or not, to choose what she drinks?

Is it legal for pregnant women to drink more than the recommended amount of alcohol, and can serving staff legally refuse to serve alcohol to a customer if she is pregnant?

Larna Mason, solicitor at DAS Law, explains what the law says in this situation.

Can serving staff legally refuse to serve alcohol to a customer?

Any premise that requires a licence to serve alcohol has the ability to refuse service, and it is up to the licensee to accept or refuse a patron’s custom. However, under discrimination laws in the UK it is unlawful to discriminate in providing goods or services to a patron on grounds of race, disability, gender, sexual orientation or religion.

What is the legal position on not giving a customer what they ordered?

Under the Consumer Rights Act 2015 goods should be ‘as described’. If the cocktail was advertised as including alcohol then, contractually, the customer should have been served an alcoholic cocktail.

If the customer was charged the same price for the non-alcoholic cocktail, then the customer could argue that she should be entitled to a refund for the difference. However, if the customer paid a reduced price, and therefore did not suffer any financial loss, then the customer is unlikely to be able to pursue a breach of contract claim.

Does the waitress have an unfair dismissal claim?

In order for a dismissal to be fair, an employer has to follow a fair process and the decision to dismiss needs to be a reasonable response to the conduct.

Generally, a pregnant woman is entitled to make her own decisions in relation to her unborn child

Assuming the server does not have any prior warnings on file, the employer in this case would therefore have to justify a ‘Gross Misconduct’ dismissal.

This means the employer will have to show the server’s behaviour was so bad, the employer cannot be expected to employ them any longer and their conduct amounted to a fundamental breach of the employment contract.

What are the rights of the unborn baby?

Generally, a pregnant woman is entitled to make her own decisions in relation to her unborn child. Even if the child suffers with Foetal Alcohol Syndrome as a result of the mother’s drinking in this case, it would not usually be able to make a legal claim against her.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

How to deal with mental health discrimination at work

There are legal protections in place to support those with a mental health condition. Here’s what you need to know if you are being treated unfairly at work because of your mental health.

October 2020 Learn more
How to avoid workplace discrimination in your business

Businesses must do all they can to prevent discrimination in the workplace and being up-to-date with equality law is essential.

April 2018 Learn more

Read more from the DAS Law blog

Employment disputes Sexual Harassment in the Workplace – A Time for Change

Here’s how things are changing for employers in respect of their duties regarding the prevention of sexual harassment in the workplace as of 26 October 2024.

September 2024
Employment disputes Workplace mediation – a better alternative?

At some point an employer will need to deal with workplace conflict. Workplace mediation can help to foster positive working relationships.

July 2024
Goods and services disputes Euro 2024: Fantasy football and navigating online betting

DAS Law answers some key questions on how you can check if a betting site is legitimate and your legal options if your online gambling retailer won’t pay out.

June 2024
Employment disputes 10 top TUPE tips for employers – Transferees

TUPE kicks in when there is a transfer of a business from one organisation to another or there is a service provision change from one provider to another.

June 2024
Employment disputes Faulty products face recalls – these are your rights when things go wrong

Gurkaran Singh Gill looks at what you can do if you have bought a faulty product.

May 2024
Employment disputes 10 top TUPE tips for employers – Transferors

Here are our top 10 TUPE tips for the Transferor – this is usually the seller of the business to another or a client seeking to outsource a service.

May 2024
Employment disputes What employers need to know about performance management and grievances

Thomas Eastment, Legal Adviser at DAS, looks at how employers can balance performance management while ensuring fair and legally compliant grievance resolution.

May 2024
Employment disputes Managing absence – an employer’s perspective

Employers must navigate the delicate balance between supporting staff welfare and ensuring operational efficiency.

April 2024
Employment disputes Employee, self-employed or worker? – The Bitesized Edition

Employment status can be complex if an organisation does not define the relationship with an individual clearly and reflective of the actual relationship in practice.

April 2024
Employment disputes Workplace stress: your responsibilities as an employer

Commenting on Stress Awareness Week, Sarah Garner, Solicitor at DAS Law, takes a look at what the law says employers needs to do about stress.

April 2024
Employment disputes International Stress Awareness Month: your workplace rights

To mark International Stress Awareness Month, Sarah Garner takes a look at what the law says your employer needs to do about workplace stress.

April 2024
Employment disputes Don’t get in trouble with the law on April Fool’s Day

When does the line between hilarious and harsh get crossed and can a prank turn into legal proceedings?

March 2024
Employment disputes Top 10 Settlement Agreement tips for employers

The purpose of a Settlement Agreement is to bring an employment relationship to an end by mutual agreement. Here are our top 10 tips for moving people on with settlement agreements.

March 2024