Alcohol, employer and DVLA query
Discussion
I'm looking for help or guidance about a close family member.
We discovered he was an alcoholic at the start of the summer - a huge shock and surprise to all but his wife.
His work (a large public service company) were made aware, and have been generally supportive until recently.
He spent a month in rehab and has been out, and sober, for the last few weeks. He's due to start back at work next week but his employer's HR department are insisting he informs DVLA of his situation.
His, and our, concern is that his license will be revoked. This would lead to him being stranded at home in a rural village with virtually no public transport and no way to get to his AA meetings, or be stranded with parents, away from his wife and children, in a larger town but with limited access to AA meetings.
This seems crazy. He needs a license to get to meetings and continue to work (he drives to and from work and does not drive as part of his job) Can his employer insist he contacts the DVLA?
What is the likely outcome from contacting DVLA?
We discovered he was an alcoholic at the start of the summer - a huge shock and surprise to all but his wife.
His work (a large public service company) were made aware, and have been generally supportive until recently.
He spent a month in rehab and has been out, and sober, for the last few weeks. He's due to start back at work next week but his employer's HR department are insisting he informs DVLA of his situation.
His, and our, concern is that his license will be revoked. This would lead to him being stranded at home in a rural village with virtually no public transport and no way to get to his AA meetings, or be stranded with parents, away from his wife and children, in a larger town but with limited access to AA meetings.
This seems crazy. He needs a license to get to meetings and continue to work (he drives to and from work and does not drive as part of his job) Can his employer insist he contacts the DVLA?
What is the likely outcome from contacting DVLA?
Is there the issue he has been driving around, for a long period of time drunk previously?
Wouldnt someone with this history not be better off not driving, and yes it may be difficult, but life can still carry on and potential to kill others if he relapses? Voluntary give up car for 6 months would be best option.
i think the referral has to come from the doctor not the person?
Wouldnt someone with this history not be better off not driving, and yes it may be difficult, but life can still carry on and potential to kill others if he relapses? Voluntary give up car for 6 months would be best option.
i think the referral has to come from the doctor not the person?
Gargamel said:
The HR department are serious over stepping their authority.
Not convicted of any crime, no evidence of being a drink driver, and already through re hab.
What exactly is he informing DVLA of, I used to drink?
They can’t make him, he should stand his ground.
A month off to go to rehab? They could have disciplined him.Not convicted of any crime, no evidence of being a drink driver, and already through re hab.
What exactly is he informing DVLA of, I used to drink?
They can’t make him, he should stand his ground.
They have a duty of care to other employees and this employee. He is now high risk, they are aware, they have a legal responsibility under the Health and Safety at Work Act to not allow him to work with excess alcohol.
Yes he may be clean now but is that really a guarantee for the future.
Edited by anonymous-user on Thursday 21st October 04:16
The Spruce Goose said:
A month off to go to rehab? They could have disciplined him.
They have a duty of care to other employees and this employee. He is now high risk, they are aware, they have a legal responsibility under the Health and Safety at Work Act to not allow him to work with excess alcohol.
Yes he may be clean now but is that really a guarantee for the future.
Most enlightened employers won't discipline if you divulge that you have these sort of issues, provided you do so before it causes any sort of incident at work, they're more likely to offer support as they have done here.They have a duty of care to other employees and this employee. He is now high risk, they are aware, they have a legal responsibility under the Health and Safety at Work Act to not allow him to work with excess alcohol.
Yes he may be clean now but is that really a guarantee for the future.
Edited by The Spruce Goose on Thursday 21st October 04:16
That being said, I can't see how an employer has any business demanding that an employee contacts DVLA, providing of course that driving doesn't constitute any part of their duties. If they're concerned about some sort of duty of care to everyone else than that should form part of any decision about the employee's future, not manufest itself as some sort of bizarre demand to tell DVLA.
OP, is there a possibility that the company are viewing this as a potential route to dismissal - i.e. we can't dismiss you for the issue itself, but we can if you have no way of getting to work? I'd hope not, but I wouldn't put it past an HR department!
HR could inform the DVLA themselves and should do so. I rarely champion HR but since they exist to protect the company rather than the employees it makes sense that they would seek to limit their liability by putting the issue to the appropriate body for a decision to be made as to whether or not he can continue to drive.
Yes, in case you weren't aware the DVLA can revoke your licence on medical grounds following a referral and it is often warranted and in the public interest.
Yes, in case you weren't aware the DVLA can revoke your licence on medical grounds following a referral and it is often warranted and in the public interest.
Drawweight said:
If he's been to rehab, and is no longer drinking, does he have a drinking problem that the DVLA should be informed about?What defines a drinking problem?
The Spruce Goose said:
Gargamel said:
The HR department are serious over stepping their authority.
Not convicted of any crime, no evidence of being a drink driver, and already through re hab.
What exactly is he informing DVLA of, I used to drink?
They can’t make him, he should stand his ground.
A month off to go to rehab? They could have disciplined him.Not convicted of any crime, no evidence of being a drink driver, and already through re hab.
What exactly is he informing DVLA of, I used to drink?
They can’t make him, he should stand his ground.
They have a duty of care to other employees and this employee. He is now high risk, they are aware, they have a legal responsibility under the Health and Safety at Work Act to not allow him to work with excess alcohol.
Yes he may be clean now but is that really a guarantee for the future.
Edited by The Spruce Goose on Thursday 21st October 04:16
If they think he's pissed they could reasonably request he take a company provided breath test.
98elise said:
Drawweight said:
If he's been to rehab, and is no longer drinking, does he have a drinking problem that the DVLA should be informed about?What defines a drinking problem?
Although unless you’ve personal experience of this (which fortunately I haven’t) I don’t know what filling in this form means.
An automatic suspension of licence?
A letter of support from your Doctor?
A report from the rehab unit?
To be honest I’d avoid having to fill this in at all as dealing with the DVLA for any medical condition is a nightmare.
Edited by Drawweight on Thursday 21st October 18:12
The Spruce Goose said:
Is there the issue he has been driving around, for a long period of time drunk previously?
Wouldnt someone with this history not be better off not driving, and yes it may be difficult, but life can still carry on and potential to kill others if he relapses? Voluntary give up car for 6 months would be best option.
i think the referral has to come from the doctor not the person?
He's adamant that he's never driven while drunk, but no one can know for sure. Just as few of us can say, with certainty, that they've never been a bit over the limit the morning after.Wouldnt someone with this history not be better off not driving, and yes it may be difficult, but life can still carry on and potential to kill others if he relapses? Voluntary give up car for 6 months would be best option.
i think the referral has to come from the doctor not the person?
He's been working from home for the last 18 months, which was a contributing factor in drinking to excess, and not driving to and from his place of work.
I've no idea who has to refer someone to the DVLA but his doctor hasn't mentioned it and no one in his AA groups knows anything about this.
Southerner said:
OP, is there a possibility that the company are viewing this as a potential route to dismissal - i.e. we can't dismiss you for the issue itself, but we can if you have no way of getting to work? I'd hope not, but I wouldn't put it past an HR department!
That thought has crossed my mind, but they appear happy for him to have a phased return to work, although working from home again from next week.Personally, I think he needs a new job anyway, but there aren't many jobs in his party of the country.
98elise said:
Drawweight said:
If he's been to rehab, and is no longer drinking, does he have a drinking problem that the DVLA should be informed about?What defines a drinking problem?
https://assets.publishing.service.gov.uk/governmen...
This is the medical guidance that the DVLA uses.
Page 89 refers to Alcohol dependence.
Seems likely that the individual would have their licence revoked and need to demonstrate 6months of abstinence to re-instate it - but I am no expert.
If the individual has consulted their GP then they should have reported it to the DVLA.
From a work point of view depends on the definition of ‘insisting.’
Look at it this way. They know he has a reportable medical issue, they are encouraging him to comply with the law and report it.
This will not render him unable to work, (taxis and WFH exist).
If he fails to report it, they may well report it for him and may have a public interest defence to any breach of confidentiality. They may choose not to.
To not try to get him to report it could be argued that they are failing in their general duty of care obligation to him and the wider population - never mind the bad PR should something happen.
This is the medical guidance that the DVLA uses.
Page 89 refers to Alcohol dependence.
Seems likely that the individual would have their licence revoked and need to demonstrate 6months of abstinence to re-instate it - but I am no expert.
If the individual has consulted their GP then they should have reported it to the DVLA.
From a work point of view depends on the definition of ‘insisting.’
Look at it this way. They know he has a reportable medical issue, they are encouraging him to comply with the law and report it.
This will not render him unable to work, (taxis and WFH exist).
If he fails to report it, they may well report it for him and may have a public interest defence to any breach of confidentiality. They may choose not to.
To not try to get him to report it could be argued that they are failing in their general duty of care obligation to him and the wider population - never mind the bad PR should something happen.
4rephill said:
Petrus1983 said:
Can he leave and claim constructive dismissal?
If, as has been suggested, HR are actually following the correct procedures to the letter of the Law, how could it be constructive dismissal? 
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