Buddy says: Although the employee is not permitted to continue to work as a driver for the duration of the disqualification period, this does not mean that an employer can simply dismiss the employee because he/she can no longer carry out his/her duties. 

Although it is a potentially fair reason for an employer to dismiss someone in circumstances where they cannot continue to work in their position without contravening the law, you have to act reasonably in both the dismissal procedure adopted and in treating it as a sufficient reason for dismissal. 

Employer information: Firstly, it is important for an employer to give consideration as to whether it is possible to find the employee alternative non-driving work on a temporary basis for the duration of the ban.  This process will involve consultation with the employee to be able to discuss the options available, even if they involve different hours of work or a reduced salary level.  However, if there is no alternative work available at all, after consultation, you should be able to dismiss the employee.  Dismissal should always be the last resort after all other options have been considered. 

The statutory dismissal and disciplinary procedure does not apply to dismissals on this particular ground.  In spite of this, it is good practice to incorporate something similar into your dismissal procedure anyway, as you are still required to show that the procedure you adopted was fair.  Once the option of alternative employment has been discussed, you should write to the employee inviting him/her to attend a formal meeting to discuss the proposal to terminate his/her employment because of the driving ban.  The meeting should be set up on reasonable notice and the employee should be allowed to be accompanied at this and make representations.  The decision should be confirmed in writing and the employee given a right of appeal against his/her dismissal.