Could a Driving Ban Lead to a Dismissal?
10 February 2016
Driving bans can result from a wide range of misdemeanours, such as drink/drug driving or even a simple totting up process. This can have significant implications for employers, particularly where driving forms a key part of an employee’s job role. So… if one of your staff members is banned from driving, does this mean you can dismiss them?
Potentially, ‘yes’. Illegality could be a fair reason for dismissal – i.e. continuing to employ the employee in the position they hold would contravene a statutory restriction. However, you should certainly refrain from immediately dismissing a member of staff in these circumstances and there are many considerations that must be taken into account.
Some bans can only last for a matter of days. Clearly where this is the case, dismissal would be an excessive sanction. Equally, if the employee is only occasionally required to drive, and this forms a minor part of their job role, it may well be possible to come to an alternative arrangement with the employee that sees them only undertake non-driving duties for the duration of the ban.
In cases where driving forms an integral part of an employee’s duties, you can include an explicit clause within your Contracts of Employment which states that the continuing ability to drive legally is a condition of employment. Any ban would then breach this condition and make the dismissal process a lot simpler. At Alpha, we have a vast experience in preparing bespoke employment documentation which meets all of your business needs. If you would like to have Alpha on your side, please feel free to contact us.
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