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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47424
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dvla have not returned an HGV licence but have sent a letter

Resolved Question:

Dvla have not returned an HGV licence but have sent a letter to say that it is legal to drive in the UK. Company won't let driver drive until licence is returned, can they do this ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why have they not sent it back?
Customer: replied 2 years ago.
The licence is held up in the medical dept, there is no medical reason to refuse a HGV licence. This licence was applied for at the end of July when we queried where it was they sent the letter stating it was legal for him to drive,the company refuse to let my husband drive till they have seen his licence ,they have told him to take annual leave ,if the licence takes a long time to return we do not know how my husband stands with regard to his job,he has worked for this company for 35years
Expert:  Jo C. replied 2 years ago.
Ok. That is probably an employment question rather than a traffic one so I will pass this onto an employment specialist for you.
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does he have a contract or is there a policy in place, which sate that he must produce a valid licence to be able to perform his job?
Customer: replied 2 years ago.

For Ben Jones

yes he does have a contract but not sure if it states he must have a valid licence to performed his job

Expert:  Ben Jones replied 2 years ago.
Ok he should check the contract first to see if there is a specific clause in there which says that he must have a valid driving licence to be able to perform his job. However, even if that is the case, the employer should consider the fact that the DVLA have confirmed in writing that there are no issues with the licence and that he is able to exercise the privileges under it, even if the physical licence has not yet arrived. Had there been no confirmation from the actual body which issues the licence and it was just his word, then the employer could be sceptical about it and insist on waiting until the licence arrives back, however as he has a written confirmation by the DVLA the employer should use this as confirmation that he is eligible to drive even if his licence has not yet arrived.
The issue is how to deal with this. He can raise a grievance over it – this is a formal complaint issued with the employer, however it is only dealt with internally. If that is rejected then he really has no other option apart from to consider resigning and claiming constructive dismissal. As you can imagine this is quite a risky decision and should not be ta***** *****ghtly as he will be putting himself out of a job, just because he is being delayed in being allowed to return to work so he should only use it as a last resort.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47424
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
For Ben Jones
If when my husband has taken all his annual leave his licence still has not been returned and he can not drive at work, and they provide no other form of employment For him albeit with loss of earnings ,will he be classed as dismissed .
Expert:  Ben Jones replied 2 years ago.
Hi, no this would not be a dismissal but it would be unpaid leave, so he would still be employed by them but off work unpaid, and this in itself could amount to breach of contract or give him further reason to consider the constructive dismissal route
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47424
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you