How to deal with an employee whose continued employment in their role would contravene the law
Author: Claire Birkinshaw
Click on any of the hyperlinks to go to more detailed guidance below.
- 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.