Letter dismissing an employee following disqualification from driving

This Letter dismissing an employee following disqualification from driving should be used to confirm dismissal after a meeting has taken place to discuss the employee’s driving disqualification and its effect on their role.

It records the alternatives to dismissal that have been considered and explains why those alternatives are not workable.

When to use this dismissal letter after driving disqualification

Use this letter where an employee has been disqualified from driving, driving is part of their job, and dismissal has been decided following consultation.

The letter includes alternative wording depending on whether the employee will work their notice or receive payment in lieu of notice.

Statutory bar dismissal where driving is part of the job

Where an employee cannot continue working in their role without contravening a duty or restriction imposed by statute, this may amount to a potentially fair reason for dismissal.

This is known as a statutory bar dismissal and can include a situation where an employee is disqualified from driving and driving is required for the job.

Fair process before dismissal

An employer must act reasonably if relying on a statutory bar as the reason for dismissal.

To dismiss fairly, the employer should consult the employee properly and give proper consideration to any suggestions made to avoid dismissal. This letter confirms the alternatives that were considered before the dismissal decision was reached.

Equality Act issues and the reason for disqualification

Employers should always ask for details of the reason for the disqualification.

In some cases, the disqualification may relate to a disability. Where that is so, the employer will need to consider whether reasonable adjustments are required under the Equality Act 2010.

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