One of our lorry drivers has recently been disqualified from driving. If he is banned from driving, can we dismiss him? He has been employed for about three years.Posted in : First Tuesday Q&A NI on 7 April 2010
If your employee is employed as a driver and loses his driving licence, this does, of course, mean that he cannot continue to work as a driver for the duration of the ban. However, it does not necessarily follow that you can simply dismiss him because he can no longer carry out his job duties. While it is a potentially fair reason to dismiss someone in circumstances where they cannot continue to work in their position without contravening the law, you have to act reasonably in both the dismissal procedure you adopt and in treating it as a sufficient reason for dismissal.
Your starting point is to consider in detail whether you are able to find the employee alternative non-driving work on a
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Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.