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Your employee is banned from driving, can you automatically dismiss?

10/05/2016

Say one of your employees is banned from driving and driving is an integral part of their job, do you have the right to automatically dismiss them? Whilst, it would be a fair reason for dismissal, it does not give you an automatic right to end their employment.

In assessing whether a dismissal due to a driving ban is reasonable, you should consider; the duration of the ban, if the employee could satisfactorily carry out their duties without a driving licence (e.g. by using public transport), could their driving duties be temporarily relocated to another employee or can the employee be redeployed to a job that does not require them to drive. You do not have to create a position for the employee but you should consider if they are suitable for any vacant positions you may have within the Company.

Having taken all of the above into account, if there are no alternatives then you would still need to go through a formal dismissal process, before dismissing the employee.

Fiona Haworth. You can contact Fiona on fiona@practical-hr.co.uk


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