Employee caught drink driving

By Metis HR

25 Nov 2014

Having an employee tell you that they’ve been arrested for drink driving is the time to take a deep breath and remember the old saying ‘act in haste repent at leisure’.

The festivities are approaching; everyone’s out celebrating – but one of your employees tells you that they were charged with a drink driving offence. So, what do you do?

Your reaction will probably vary, depending on whether or not your employee’s job involves them driving on business. We’ll focus on those who drive for you as part of their job as these hold the biggest challenge for you, the employer.

Anyone convicted of a drink driving offence can be fairly certain that they will receive a driving ban as part of their penalty in addition to fines and even imprisonment in some cases. But, before you rush off in a panic, think: has your employee been convicted of an offence yet or are they just telling you that they have been charged and they are likely to be appearing in court to face charges?

Take care that you don’t overreact

If they haven’t yet been convicted of an offence you need to take care that you don’t over react, for example by dismissing the employee prematurely. If you were to do this and the employee was found not guilty, then more than likely you’ve created a whole new set of problems for yourself! You’ve potentially sacked them for something they’ve not done.

Our advice is this: Talk to the employee to understand the circumstances and the severity of the charges If they’re driving on company insurance, inform your insurers of the situation and act on any advice from them and establish whether they are willing to allow the employee to continue to drive on the policy. If the employee is not to be allowed to drive, consider whether there are alternative duties that you can temporarily allocate to the employee, or are there other ways that you can provide transport for them to do their job. Is there a colleague who you could ask to drive them to essential appointments? If you can’t provide alternative work and you aren’t able to allow them to continue to drive on business for you there may be no other alternative but to suspend the employee on full pay whilst you investigate the matter under the company disciplinary policy. Convene a disciplinary hearing to consider the evidence available. It’s an offence to drive without appropriate insurance cover

That’s the straightforward bit. The next bit is where it gets greyer and more difficult to take decisions. It is a potentially fair reason to dismiss someone on the grounds that if you continued to employ him or her to do a driving job and they had no driving licence it would be against the law. Remember, though, that at the moment, this person still has a driving licence.

If your insurers won’t allow the person to drive under the policy, you have a similar situation to above. It’s an offence to drive without appropriate insurance cover, so any dismissal would have to refer to this restriction.

Any subsequent challenge in a tribunal would require you, the employer, to have acted reasonably. Before imposing the ultimate sanction of dismissal you will be expected to have examined other alternatives, at least during the period whilst the employee is waiting for their court appearance for example considering other roles, other locations, other modes of undertaking their job and so on. This situation has all the hallmarks of act in haste repent at leisure for employers and must be approached with care.

Enjoyed this? Read more from Metis HR

Latest news

1

Architectural designer becomes youngest Civic Trust chair Nixie Edwards

Architectural designer becomes youngest Civic Trust chair

06 Nov 2026

2

Carousel tax fraudster loses £90m court appeal Arif Umarji Patel The Seized Ferrari Counterfeit Underwear Container With Counterfeit Clothes Inside 002

Carousel tax fraudster loses £90m court appeal

05 Nov 2026

3

Combined authority takes control of £45m adult skills fund Welding Bootcamp Learners In A Practical Lesson At Lancaster And Morecambe College

Combined authority takes control of £45m adult skills fund

05 Nov 2026

4

Legal View: Finding the right separation route Amy Harris Feat Img

Legal View: Finding the right separation route

05 Nov 2026

5

Panache Cruises in triple appointment Panachecruises

Panache Cruises in triple appointment

05 Nov 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Ai in business: protect, innovate & grow
Door4 Forbes 12 Nov 2026

Ai in business: protect, innovate & grow

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity
N123_1200x400px_Title&Subtitle (1).png.png 12 Nov 2026

Napthens' Cumbria Clay Shoot - for Penny Conservation Charity

Leighton Hall Estate Storrs Lane, Carnforth, LA5 9ST

09:00 - 16:00

The Business Network Central and East Lancashire
12 Nov 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Lancaster District Business Support Expo
Lancaster And Morecambe Logo 1 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin