Can an employer dismiss an employee who is disqualified from driving if the job involves driving?
The dismissal of an employee because they are disqualified from driving can be fair if the employer can establish that it would have been unlawful for the employee to continue in the position. Contravention of a statutory duty or restriction is a potentially fair reason for dismissal under s.98(2)(d) of the Employment Rights Act 1996.
Whether or not dismissal in these circumstances is reasonable will depend on how integral driving is to the job. The employer should explore alternatives to dismissal, such as changing the employee's role so that it does not involve driving. The employer should also take into account how long the disqualification will last when deciding whether or not it would be reasonable to reallocate the employee's driving duties. The employer should consider alternatives to dismissal even where there is a contractual stipulation that a driving licence is required for the job.