Handling an employee caught drink driving, can indeed be challenging. For employees whose job involves driving, the situation is particularly serious.
An employee caught drink driving and convicted of a drink driving offence can be fairly certain that they will receive a driving ban as part of their penalty. In addition to fines, they might even face imprisonment in some cases. But, before you rush off in a panic, think: has your employee been convicted of an offence yet? Or are they just telling you that they have been charged and are likely to be appearing in court to face charges?
Take care not to overreact if the employee hasn’t yet been convicted of an offence. Avoid dismissing the employee prematurely, as this could create more problems if they are found not guilty. You might end up sacking them for something they haven’t done.
It’s an offence to drive without appropriate insurance cover.
That’s the straightforward part. The next part is where it gets greyer and more difficult to make decisions. It is potentially fair to dismiss someone on the grounds that continuing to employ them in a driving job without a driving license would be against the law. Remember, though, that at the moment, this person still has a driving license.
If your insurers won’t allow the person to drive under the policy, you have a similar situation. It’s an offence to drive without appropriate insurance cover, so any dismissal would have to refer to this restriction.
Next Steps
- Understand Legal Obligations: Familiarise yourself with relevant laws and company policies regarding drink driving.
- Gather Information: Collect all relevant details about the incident, including the date, time, location, and any charges filed.
- Take Immediate Action: Depending on the severity, you may need to suspend or terminate the employee. Seek advice from an HR professional.
- Offer Support: Consider providing access to counseling services or an employee assistance program to help the employee address any underlying issues.
- Document Everything: Keep detailed records of all actions taken and communications with the employee.
- Review and Update Policies: Use this incident as an opportunity to review and, if necessary, update your company’s policies on drink driving and employee conduct.
Our expertise can help you avoid the potential pitfalls and ensure you handle the matter appropriately and effectively. It’s crucial to get the right advice. We’re here to provide you with the support and guidance you need.
Call Paul on 01706 565332 or email info@metishr.co.uk and book your FREE consultation.
