Q One of my drivers has been disqualified from driving for
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12 months and has, therefore, no longer a valid hgv licence, in the present state of business I cannot afford to keep him employed for 12 months till his licence is restored for I have no alternative work available. In these circumstances I am reluctantly compelled to dismiss him, but before I do so, could you say if this is allowed under the present legislation ? A Where it is plain that the possession of a valid licence to drive the relevant class of vehicle is essential for a person's employment, it is quite permissible for an employer to dismiss an employee When he ceases to fulfil that condition.
Paragraph (6(2)(a) of the Trade Union and Labour Relations Act 1974 states that a man may be fairly dismissed for a reason "related to his capability or qualification for performing work which he has been employed to do." A disqualified driver who has, therefore, also forfeited his hgv driving licence for the time being, can no longer carry out the work for which he was engaged because he has lost an essential qualification—his driving licence— and so his employer could dismiss him fairly.
The fact that you have considered the possibility of finding him alternative work. though this has been of no avail, would also prevent. any suggestion of unfair dismissal.