Your questions answered: Can we dismiss a delivery driver whose licence has been suspended?

By Portner Press on January 15th, 2020
  1. Termination of Employment
  2. Dismissal

Are we able to terminate a delivery driver who has lost his licence for 3 months?

Most of the infringements have occurred whilst driving a company vehicle.

Assuming this employee would have access to unfair dismissal laws if dismissed, you would need show that you had a valid reason for dismissal, and gave him a reasonable opportunity to respond to that matter before proceeding with dismissal.

The reason for dismissal might be that he can no longer can fulfil a key requirement of the job. An alternative basis might be that he has committed misconduct in incurring the offences using a company vehicle and at work. We are unable to give conclusive advice about this matter, but it would appear the first reason would be easier to justify.

It is important however that you give him a proper opportunity to respond to the reason before you proceed to dismiss. You will need to comply with any contractual requirements for dismissal, including in respect of notice.


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