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How to deal with an employee whose continued employment in their role would contravene the law

Author: Claire Birkinshaw

Summary

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  • Be aware that a statutory ban that makes it unlawful to continue employing someone in a particular role can be a potentially fair reason for dismissal.
  • Where an employee has been banned from driving, consider whether driving is an essential part of the job and whether the employee could be redeployed elsewhere within the business.
  • Remember that the loss of a driving licence will not necessarily have involved any wrongdoing on the part of the employee.
  • Where a statutory ban involves rules on working in the UK or a statutory qualification or certification requirement, always check out the position for yourself and take steps to help the employee to obtain the required paperwork.
  • Always give consideration to alternative employment and consult fully with the employee before taking the decision to dismiss.