Legal HELP!

whunt18885

Ok this is the situation. I am currently employed as a IT Consultant for a local computer firm.

I regualarly visit clients and do so by using my car.

I have reecently received 6 points for speeding and therefore have 12. This has lead to the 'totting up' ban of 6 months.

Although my official contract of employment makes no relavence to the requirement of a car / driving license I believe that my boss is going to try and let me go.

My question is simple. Seing as though my signed contract of employment clearly does not state the requirement of a car is he allowed to do this ?

PLEASE HELP!

not_tonight_josephine_2

how long have you been employed by the company?

whunt18885

2 years and 7 months.

fengirl_2

It might be an implied condition, ie one whats too obvious to mention due to the nature of the job. Can you get to clients by public transport?

SueC_2

Have you ever been told/asked to use your car, or is it your personal choice?

Would you be able to do your job just as effectively if you were using public transport?

whunt18885

I could not do my job as effectively without a car and many of the clients are out of reach on public transport. Having said that most of my job can be done remotely from an office.

whunt18885

My job description is a IT engineer working for a local IT firm. It does not detail the need to visit clients nor does it state the requirement of a car.

maninthestreet

You might be lucky and get away with it - how fast were you going to get 6 points for speeding?

SueC_2

I think you may be on a bit of a sticky wicket I'm afraid. Regardless of the detail of your job description (which most likely has an "Any other duties as required..." clause) you have (presumably without complaint or query) thus far been making site visits in order to fulfil your responsibilities.

You readily admit that you won't be able to do this without the use of your car. And it has now become illegal for you to drive.

Following this through to its logical conclusion, by your own actions you have rendered yourself incapable of doing your job. I know it's not what you want to hear, but I think your employer would be completely justified in dismissing you on grounds of ability or something similar.

I think the best you can do is approach your boss, talk it through, and try to come to some kind of compromise which works for both of you. It's hard for me to be more specific without knowing more about the company / your role, but perhaps you could volunteer to take on an element of someone else's role (office based) which would free them up to take on the site based element of your role?

In any case, this is a problem of your own making, and a tail between the legs approach is likely to get your further than going in with all guns blazing quoting your job description / contract clauses etc.

Savvy_Sue

whunt18885 wrote: »

I could not do my job as effectively without a car and many of the clients are out of reach on public transport. Having said that most of my job can be done remotely from an office.

Had you thought of selling the car and using taxis? Maybe get a bike as well (you'd be surprised what you can fit into bike panniers before you say you need a lot of equipment!) And your employer might pay bike mileage, some companies do (it was 17p a mile last time I worked for a company who did).

If you can pre-plan your visits and find a local taxi firm you can pre-book with, you shouldn't be hanging around waiting for taxis to turn up.

Also have you told your insurance company? Even if you've declared SORN (taken the car off the road) I believe you have to do this. When you come to re-insure on the road, it's likely to be a lot more expensive and you might find you are better off without it.

bendix

The OP is toast, I'm afraid.

Whether or not the need for a car is explicity stated in a contract, it stands to reason that if the guy's job involves seeing customers at their premises than a car is an essential part of fulfilling his duties.