Question
I have a driver who has been disqualified from driving. Can I dismiss him?
Answer
The answer to this question depends on a number of factors, principally how long the employee has been disqualified for and what job they are doing and whether this job requires them to drive. You should also check whether your contracts of employment or any of your policies state that employees may be dismissed if disqualified from driving, although it is important to recognise that this alone may not necessarily give you the green light to dismiss.
If the employee has only been dismissed for a matter of weeks it may not be reasonable to dismiss, particularly if the driver could do another job or take holiday or unpaid leave for a couple of weeks in the interim period. If the driver has been disqualified for a more significant period of time, you can probably fairly dismiss on the basis that he or she needs a driving licence to do their job. However, you would have to consider whether there are any alternatives, such as a drivers mate if working on deliveries or other suitable non driving roles, that it would be reasonable to move him or her to, particularly if driving is only part of their job.
If there aren't any alternatives, or if demotion is the only possibility, before making any decision, you must still follow a fair disciplinary process, including a full investigation into the facts, sending out a letter and relevant evidence explaining the possibility of demotion or dismissal and holding a formal disciplinary hearing to give the employee the opportunity to state his or her case in full.
You cannot dismiss any employee on the basis of being disqualified. For example, it would be unfair to dismiss a receptionist where driving is not a requirement of the job. If driving is only a requirement of the job every now and again, such as visiting a client one day per month, it would probably not be fair or reasonable to dismiss, as the employee could use alternative or public transport.
If you would like to know more, please contact Tony Hyams-Parish, Head of Employment, in confidence and without obligation by emailing Tony or by calling him on 08450 990045, or speak to your usual contact in the Employment Team.
This answers are provided for information only and do not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this article.
Read some of our previous Employers Questions here.