Letter dismissing an employee following disqualification from driving
This Letter dismissing an employee following disqualification from driving should be used to confirm an employee's dismissal following a meeting to discuss their disqualification from driving.
This Letter dismissing an employee following disqualification from driving confirms the alternatives to dismissal that have been considered and why they are not possible. The letter has alternative clauses depending on whether or not the employee will be required to work his or her notice or will be paid in lieu of notice.
The fact that an employee cannot continue to work in their job without contravening a duty or restriction imposed by statute is a potentially fair reason for dismissal. This is known as a “statutory bar” dismissal and may include a scenario where an employee is disqualified from driving and driving is part of their job.
The employer must act reasonably in treating the statutory bar as a valid reason for dismissing an employee. In order for the dismissal to be fair, the employer must consult the employee adequately and give proper consideration to suggestions made by the employee to avoid dismissal.
Employers must always ask employees for details of the reason for the disqualification. There are some employees who may have been disqualified for a reason that relates to a disability. In those circumstances, the employer will have to consider whether or not it is required to make reasonable adjustments under the Equality Act 2010.
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