If an employee needs to carry out their job, what should you do if they are banned from driving?
We answer some key questions on what to do in this situation.
Can I dismiss an employee who is disqualified from driving?
A dismissal will be considered legally fair when an employer can show that the reason for the dismissal was a ‘statutory restriction’ that prevents the employment continuing.
For example, if a taxi driver is convicted of a driving offence, they may lose their driving licence. In this case, it would be unlawful for the employer to continue employing the driver to fulfil their normal work duties as it is against the law to drive without a valid driving licence.
Employees who drive significantly as part of the role will normally have a term in their employment contract that states that they must hold a valid UK driving licence. If they lose their licence, the employee is violating the terms of their employment contract and this can give cause for dismissal.
Can I just go ahead and dismiss them?
Before taking any action, you should ask yourself:
- Is driving is a fundamental part of the employee’s job role?
- How long is the disqualification for?
- Are there are options for redeployment within the organisation?
If you decide to go down the dismissal route without having considered any alternatives, it could be deemed an unfair dismissal.
If an employee has been banned from driving, you may consider whether it is possible to make any adjustments to their duties so they can continue to work in a non-driving role such as in an office or warehouse. You should talk through all the possible options with the employee to see where their skills and experience could be utilised.
If driving makes up only a small percentage of the employee’s role, you could find them other duties and assign the driving part of the role to another employee. Alternatively, you could allow them to use public transport if it does not significantly impact on their work.
If there any no other possible options, you may decide to terminate the employee’s contract of employment.
Your Ellis Whittam Employment Law Adviser can provide you with all the advice and guidance you need.
