Help, My Driver at my After-school Club has lost his driving licence following a court appearance

Imagine this: you run a busy Wraparound Club providing care before and after school. You employ a member of staff whose key role is to safely transport children to and from school each day in the club minibus. Then, one Monday morning, that employee comes into work and tells you they’ve been disqualified from driving following a weekend court appearance.

What happens next?

This is a classic example of a statutory dismissal. Under Section 98 of the Employment Rights Act 1996, an employer can dismiss an employee if continuing to employ them would mean breaking the law. In this case, allowing the employee to drive without a licence would be illegal, and you cannot let them perform their main duty.

However, even where there is a clear statutory bar, you must follow a fair process. A knee-jerk dismissal could still result in a claim for unfair dismissal. You should:

1. Investigate the facts – ask for confirmation of the driving ban and understand how long it will last.
2. Invite the employee to a meeting to discuss the situation, allowing them to bring a companion if they wish.
3. Consider alternatives – could they be redeployed temporarily, perhaps supporting children in the club instead of driving? If the driving element is essential and there are no other roles, dismissal may be unavoidable.
4. Provide a right of appeal, ensuring the decision is documented carefully.

The key question is whether the restriction completely prevents the employee from carrying out their job. If driving is central to their role, and there’s no other work available, it is likely to be fair to end their employment. But if driving is only a small part of their duties, you may need to reassign those tasks until the ban ends.

Employers should also consider whether the ban relates to a disability, for example epilepsy, and whether reasonable adjustments under the Equality Act 2010 are required.

In summary, statutory dismissals are rare but important. For a Wraparound Club, losing a driver’s licence can create an urgent challenge – but with the right process, you can act lawfully while protecting your business and safeguarding the children in your care.

If we can be of any assistance, please give us a call on 01527 909436. Our Vryfi service www.vryfi.co.uk includes a checking driving licences service www.vryfi.co.uk