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Rachel Winterbone
Member - 2 posts
Hi, I encounter this problem frequently as I manage bus drivers and bi-yearly carry out licence checks. It is written into their contract that they must comply with this procedure.
If they do not produce a licence, where there is an excuse such as they sent it to the DVLA for change of address, we arrange a meeting with the manager, driver and union representative. We call the DVLA over a speakerphone and ask them to confirm verbally that the person is able to drive PCV vehicles. They are then given 3 weeks in which to produce their licence and if they do not do so are suspended on unpaid leave until they do so. Disciplinary action could follow but thankfully I've never had to take it that far, they normally produce their licence in the 3 week window.
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Rachel Winterbone
Member - 2 posts
Hi Derek,
I would have thought "Frustration of Contract" would apply here. He has been employed by you to do a job, he can no longer do taht job either because he has been sent to prison or due to the loss of his licence.
Either way, if someone is sent to prison for 8 weeks or 8 years the same principle applies. I would send a letter stating the grounds for dismissal as Frustration of Contract.
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