Legal HELP!

Savvy_Sue

bendix wrote: »

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.

I fear you may be right, BUT I would still argue that unless the contract states that a car is an essential part of fulfilling his duties, then he could argue that how he gets there is his own business.

Arriving in lycra shorts and covered in sweat might not give the best impression of his company, making a bike impractical, but I do not see how getting a taxi at his own expense could be immediately ruled out.

Would they sack him if he broke his ankle very nastily and could not drive for 6 months but was willing to use taxis?

DVardysShadow

Savvy_Sue wrote: »

] ... I do not see how getting a taxi at his own expense could be immediately ruled out.

Would they sack him if he broke his ankle very nastily and could not drive for 6 months but was willing to use taxis?

Or if he was being paid expenses, just to use a taxi and carry on claiming. If OP's car was written off, there is nothing in the contract to require him to provide one I assume, so he could be well justified in making his own choice as to how to travel.

Anihilator

I would imagine they will allow him to use public transport or similar whilst it is feasible. If he cant do his job without a car then it is entirely fair he would be dismissed.

Whether its in the contract or not it seems to be very much obvious and implied that a vehicle is required.

Sunshine12

Sometimes they dont ban you if you can sufficiently prove that no car would mean no job and could cause major issues for you - an ex colleague of mine had same and as he needed his car or would lose his job they let him continue driving (that was about 3 years ago so may have changed but was definately the case then). On the work thing I dont think they can let you go unless they can prove that you cannot sufficiently carry out your current role without the aid of a car (unless of course its already stated in your terms of employment that a driving licence is a requirement).

DVardysShadow

Anihilator wrote: »

I would imagine they will allow him to use public transport or similar whilst it is feasible. If he cant do his job without a car then it is entirely fair he would be dismissed.

Whether its in the contract or not it seems to be very much obvious and implied that a vehicle is required.

Are you not well? You've been away a few days and it's good to know you haven't deserted us, but don't you have a theory as to why they will get rid of him?

teabelly

Think you need to see a lawyer and see if you can challenge any of the recent points. Pepipoo is probably the best place to get advice. Also you can challenge a totting up ban citing hardship and being unable to work. Think you need to go to court for this though. Also some areas do driving improvement courses instead of fixed penalties.

If the nature of your work means you're being rushed between clients then I'd start to try and throw some of it back at your employer if those points were gained during works time if they try and get rid of you.

Also do a Ridedrive advanced driving session and slow down in places with cameras and enforcement!! If you have gained 12 points you're either very unlucky or rather unobservant.

rupee99

If the OP has been habitually using his car for a substantial period and claiming expenses it has become implied into his contract of employment that he will provide his own transport (whether car, or a method equivelent in efficiency to car). If for any reason he can no longer provide his own transport he will become liable to a dismissal on capability grounds.

It is not a foregone conclusion and depending on the feasibilty there seem some good suggestions further up the thread to overcome the situation. However I regret to say that if the employer is determined to "let the OP go" it is unlikely that he would be successful at an Employment Tribunal as even if he won the unfair dismissal claim his contributory actions to the situation (by getting the ban) would likely reduce the compensation to next to nothing.

Savvy_Sue

DVardysShadow wrote: »

Or if he was being paid expenses, just to use a taxi and carry on claiming. If OP's car was written off, there is nothing in the contract to require him to provide one I assume, so he could be well justified in making his own choice as to how to travel.

As someone who sees my colleague's expenses claims, I suspect that substituting multiple taxis for mileage claims would not go down well. However continuing to claim mileage as calculated on google maps or similar would be fine, even if taxis were actually used.

teabelly wrote: »

Think you need to see a lawyer and see if you can challenge any of the recent points. Pepipoo is probably the best place to get advice. Also you can challenge a totting up ban citing hardship and being unable to work. Think you need to go to court for this though. Also some areas do driving improvement courses instead of fixed penalties.

If the nature of your work means you're being rushed between clients then I'd start to try and throw some of it back at your employer if those points were gained during works time if they try and get rid of you.

Also do a Ridedrive advanced driving session and slow down in places with cameras and enforcement!! If you have gained 12 points you're either very unlucky or rather unobservant.

Good points, and pepipoo is a very good suggestion if the OP wants to challenge the loss of licence in court.