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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been banned days . Can i be sacked

Resolved Question:

I have been banned for 28 days for speeding . Can i be sacked from work . Even if i use my holiday entitlement . Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

4 years

Expert:  Ben Jones replied 2 years ago.
Does the contract say anything about potential dismissal in the circumstances?
Customer: replied 2 years ago.

I dont now. My jod involves driving from job to job. I think it may not.

Expert:  Ben Jones replied 2 years ago.
Just because you have been banned from driving does not automatically mean u can lose your job.
If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
So if your contract says that a ban can amount to gross misconduct and be a dismissible offence then that could potentially result in dismissal although they still have to show that it was serious enough. Another option is if you had placed the company into disrepute such as by being caught in a work’s vehicle and having the ban and offence linked to the company.
So a dismissal should not come automatically and there are limited circumstances when it could happen. If you can cover the ban with holidays and none of the above conditions apply then a dismissal should hopefully not follow. Even if it does you have the right to appeal first and then can also consider an unfair dismissal claim in the employment tribunal.
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
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