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Dismissal Based on Loss/Lack of Qualification or Statutory Ban

 

 

 

If an employee’s job role is dependent on them holding a qualification, and they proceed to lose that qualification what do you do? For example, if an employee role is a delivery driver, and they lose their driving licence are you legally able to dismiss them?

In short, yes. However, you have to take reasonable steps to allow the employee to remain in the company. For example, could they be transferred to another department? Can an existing employee take over the driver duties? If the dismissed employee was to submit a claim at an employment tribunal, the tribunal would consider the case on the grounds that what you did was legal and fair, and all reasonable steps were taken to avoid dismissal.

If an employee breaches a statutory ban (and therefore breaks the law) this would be a fair reason to end the employment contract. For example, if an employee is in a role with financial responsibility and doesn’t inform you that they have been declared bankrupt, that is illegal and you would be within your rights to dismiss the employee on the grounds of gross misconduct.

If an employee is from outside of the UK and their visa expires, they are staying in the country illegally and you are permitted to dismiss them on the grounds that the employment is in breach of a statutory restriction. Although the statutory dismissal procedures don’t apply when there has been a breach of immigration legislation, we recommend that you also follow your dismissal procedure regardless of the reason for dismissal.

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