Letter offering redeployment to an employee following disqualification from driving
This Letter offering redeployment to an employee following disqualification from driving should be used to offer redeployment to an employee following disqualification from driving and after a meeting to discuss the options.
The letter offers the employee a new job title and confirms the date from which the redeployment applies. The letter has alternative clauses depending on whether or not the employee’s contract of employment provides for redeployment.
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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