If one of your employees is about to be banned, or actually has been banned, from driving, then you may need to make some decisions. Your employee has been banned from driving because he or she has been convicted of a criminal offence and while being banned doesn’t automatically mean you can dismiss them, you do need to take action of some kind.
Not all driving bans are the same
Driving bans are handed out for many different reasons and they aren’t all of the same duration. Some bans are several years long and some are just several days; some are the result of a series of relatively minor infractions while some stem from one serious offence. Your employee should already have engaged the help of a team like motoringoffencelawyers.com and this could mean they avoid a ban, so hang fire for now.
What is a good reason for dismissal?
So, there’s no automatic rule that says you can dismiss an employee as a result of a driving ban; there is, however, a statutory bar. This bar comes into play when your employee can’t carry out their daily duties without doing something illegal – in this case, driving. If you’re employing someone as a delivery driver, for example, and they lose their licence, then obviously they can’t drive for the duration. They could, however, work in the warehouse. If you could redeploy the employee until they can drive again, then this could be the best outcome for everyone.
Can you reasonably dismiss someone?
If you have to go to a tribunal, the panel will look at the duration of the driving ban, how much it will impact upon their role and whether the person could be moved to another role. They’ll also look at your employee’s service record with you and they’ll examine the consultation process that led to your decision to dismiss them.
Making your decision
You shouldn’t jump straight to dismissal, especially if your employee is only looking at a short ban. There are several options for you – you could redeploy the person, see if they can use public transport or organise a lift rota. It’s easier when the ban is only short, as they could even take annual or unpaid holiday to see most or all of it through.
How does redeployment work?
If the employee is in a driving-heavy role, then redeployment should be your first plan of action. If you can move them into a non-driving role, even if this means some retraining; you don’t have to go as far as creating a new role, but you should look at any vacant roles that you have, or a job-swap. Try to exhaust all avenues before deciding to dismiss the employee.
Dismissal is only ever a last-resort option, even if your employee was driving a company car at the time of the offence. If this was the case, you should deal with this misconduct in accordance with your company’s disciplinary procedure.