Discussion
I need some help from BiB/Legal Eagles on here to try and save an employee's job!
Basically, we have been requesting a copy of said employee's driving licence since he commenced employment on February. He has come out with a range of excuses varying from "I don't know which previous address its registered at" to the latest "Someone else has been using it in London".
What I am trying to find out is whether I can - frmo the DVLA or otherwise - get any proof that this guy has a valid licence to drive our Company vans which is necessary as part of his role.
What can I do?!
Basically, we have been requesting a copy of said employee's driving licence since he commenced employment on February. He has come out with a range of excuses varying from "I don't know which previous address its registered at" to the latest "Someone else has been using it in London".
What I am trying to find out is whether I can - frmo the DVLA or otherwise - get any proof that this guy has a valid licence to drive our Company vans which is necessary as part of his role.
What can I do?!
Why would you let an employee drive a vehicle without seeing their licence!
If he has an accident with no licence (which he doesn't have until you've seen it!) your insurance is invalid! Obv that'll leave you personally picking up ALL the costs.
Worse still, if he kills somebody (inc himself) you would be held responsible for Corporate Manslaughter!
and that gets you jail time, and we're talking proper jail time here! *gulp*
You may wish to read: http://www.hse.gov.uk/corpmanslaughter/
If I were you, I would be instantly informing him that he is unable to drive the vehicle until he can prove he is otherwise entitled too. Might speed things up a bit if you also inform him that this period is WITHOUT pay
If he has an accident with no licence (which he doesn't have until you've seen it!) your insurance is invalid! Obv that'll leave you personally picking up ALL the costs.
Worse still, if he kills somebody (inc himself) you would be held responsible for Corporate Manslaughter!
and that gets you jail time, and we're talking proper jail time here! *gulp*
You may wish to read: http://www.hse.gov.uk/corpmanslaughter/
If I were you, I would be instantly informing him that he is unable to drive the vehicle until he can prove he is otherwise entitled too. Might speed things up a bit if you also inform him that this period is WITHOUT pay
FarringtonSmythe said:
That was my thought in the first instance but we've been trying to give him the benefit of the doubt.
He has an ultimatum to produce by the end of the week or say cheerio...
Just wondered if there was anything we could do/find out to give ourselves security either way?
You can, but I'm not sure of the mechanics.He has an ultimatum to produce by the end of the week or say cheerio...
Just wondered if there was anything we could do/find out to give ourselves security either way?
I remember forgetting my license when picking up a hire car and they just confirmed it with the DVLA over the phone.
FarringtonSmythe said:
That was my thought in the first instance but we've been trying to give him the benefit of the doubt.
He has an ultimatum to produce by the end of the week or say cheerio...
Just wondered if there was anything we could do/find out to give ourselves security either way?
End of the week?He has an ultimatum to produce by the end of the week or say cheerio...
Just wondered if there was anything we could do/find out to give ourselves security either way?
You've been lucky for almost 6 months now, I wouldn't be taking any more risk If I were you! :|
Justayellowbadge said:
You can, but I'm not sure of the mechanics.
I remember forgetting my license when picking up a hire car and they just confirmed it with the DVLA over the phone.
I forgot my licence for a tack day once and they did this too, think the track charged me £3 for the privilege too if I recall. It's worth phoning the DVLA and asking, though you may find that you need to be pre registered or something. I remember forgetting my license when picking up a hire car and they just confirmed it with the DVLA over the phone.
Good luck
I used to manage a lot of drivers paid minimum wage, when I worked for a car rental company. They (and many customers) were often a bit forgetful on the monthly licence check days.
It's a premium rate number for the DVLA, and the licence holder must be present. You say you need to check the licence details of a driver, DVLA confirm the identity of the driver (that's why he needs to be there). Then you get the phone back. You need to check the date the test was passed, what categories he is entitled to drive, if there are any conditions applied (glasses, etc), and, of course, any convictions or disqualifications.
If he gets a little hoarse prior to, or during the call, I'd take him off the road immediately. If there's nothing he can do without driving, suspend without pay pending production of his licence. Assuming his contract of employment allows that.
His mum will ring, and tell you how unfair you're being, and it's not his fault.
Good luck.
It's a premium rate number for the DVLA, and the licence holder must be present. You say you need to check the licence details of a driver, DVLA confirm the identity of the driver (that's why he needs to be there). Then you get the phone back. You need to check the date the test was passed, what categories he is entitled to drive, if there are any conditions applied (glasses, etc), and, of course, any convictions or disqualifications.
If he gets a little hoarse prior to, or during the call, I'd take him off the road immediately. If there's nothing he can do without driving, suspend without pay pending production of his licence. Assuming his contract of employment allows that.
His mum will ring, and tell you how unfair you're being, and it's not his fault.
Good luck.
I take it that the chancer has resigned. How on Earth did you ever employ him as a driver without checking his licence first? If you had dismissed him, he would have had no valid complaint. First, he had insufficient service to claim unfair dismissal, and secondly, contravention of a statutory rule is grounds for dismissal. You could sack a van driver who was disqualified from driving while employed, and you could certainly sack this scrote for (a) not having a licence, and (b) misrepresenting the fact that he did.
There are loads of unemployed people who are honest and would love the job. Why did you put up with this bloke for so long? Does he still have the negatives?
There are loads of unemployed people who are honest and would love the job. Why did you put up with this bloke for so long? Does he still have the negatives?
FarringtonSmythe said:
Thanks all for your wise words.
Van was found parked-up this morning outside office with a note inside.
Game over...
Unsurprising.Van was found parked-up this morning outside office with a note inside.
Game over...
Hope the note was good
edc said:
Aside from the business side of your dealing please do everyone a favour and report the name as a potential driver without licence.
+1Breadvan73 said:
I take it that the chancer has resigned. How on Earth did you ever employ him as a driver without checking his licence first? If you had dismissed him, he would have had no valid complaint. First, he had insufficient service to claim unfair dismissal, and secondly, contravention of a statutory rule is grounds for dismissal. You could sack a van driver who was disqualified from driving while employed, and you could certainly sack this scrote for (a) not having a licence, and (b) misrepresenting the fact that he did.
There are loads of unemployed people who are honest and would love the job. Why did you put up with this bloke for so long? Does he still have the negatives?
He'll know for the guy that he employees next to fill the vacancy to check his licence before giving him the keys. There are loads of unemployed people who are honest and would love the job. Why did you put up with this bloke for so long? Does he still have the negatives?
Lesson learned and thankfully no one got hurt.
Hi Folks,
Suffice to say - lesson learnt!
We do not employ 'drivers' as such, they are mobile engineers
Letter was a bit of a sob story - maintains he does have licence... DVLA Fraud Dept are now involved as somebody else had applied for a licence in his name so all been suspended... Moved around a lot as he was trying to 'hide' from the CSA... Etc...
We know now to get licence before commencing work, but to be honest we put up with it for so long because we were unaware of the consequences. It was only when the different excuses started coming out that we started doing a little digging - hence this post.
We have also signed-up for a regular Licence-check thingy.
Thanks again for all your input.
Suffice to say - lesson learnt!
We do not employ 'drivers' as such, they are mobile engineers
Letter was a bit of a sob story - maintains he does have licence... DVLA Fraud Dept are now involved as somebody else had applied for a licence in his name so all been suspended... Moved around a lot as he was trying to 'hide' from the CSA... Etc...
We know now to get licence before commencing work, but to be honest we put up with it for so long because we were unaware of the consequences. It was only when the different excuses started coming out that we started doing a little digging - hence this post.
We have also signed-up for a regular Licence-check thingy.
Thanks again for all your input.
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