NAME OF GUIDANCE:
Loss of Driving Licence – Principles Applying to
Employment
TYPE OF GUIDANCE:
Human Resources Guidance
REFLECTS SPECIFIC
LEGISLATION
OR NHS GUIDANCE:
None
STAFF GROUP
TO WHOM IT
APPLIES:
All groups of Staff throughout the Trust
DISTRIBUTION:
The Whole of the Trust
HOW TO ACCESS:
Internet / intranet
ISSUE DATE:
April 2005
NEXT REVIEW:
April 2007
APPROVED BY:
The Director of Human Resources
DEVELOPED BY:
HR / Policy Sub Group
DIRECTOR LEAD:
Director of Human Resources
CONTACT FOR
ADVICE :
James Corson Human Resources Manager
or other Human Resources Managers
SOUTH WEST YORKSHIRE MENTAL HEALTH NHS TRUST
Loss of Driving Licence – Principles Applying to Employment
Introduction
This Guidance sets out the principles the Trust will follow regarding the requirement for staff
to hold a driving licence, as part of their conditions of service. It also gives general guidance,
which should be used by managers to determine how to deal with a situation, where a member
of staff has lost their licence.
With the increasing installation of speed cameras, car drivers are finding that there is a greater
likelihood they may temporarily lose their driving licence. There is also the possibility that a
licence can be lost for longer periods, due to more serious traffic offences, or on medical
grounds.
As society is becoming ever more car-reliant, the loss of a driving licence can have a dramatic
effect on the way, and/or the ability, that a member of staff has, in carrying out their duties.
Individuals must inform their manager immediately they become the subject of police
investigations resulting in them being charged (convicted), cautioned, bound over or
reprimanded. This excludes parking offences and fixed penalty driving offences, except
where this may lead to the loss of a driving licence.
Individuals may want to discuss their position with their manager, should they have a high
number of points on their licence.
Principles
1. If the Person Specification indicates that it is essential that the post holder must
be a car driver, this must be both justifiable and necessary. This condition will be
contained in the letter of appointment for new starters.
2. There must be consistency of approach in drawing up person specifications
across the Trust. If in doubt, managers need to consult a Human Resources
manager for advice.
3. Where there is the loss of a driving licence, it is the individual who takes
responsibility for this loss and the consequences arising out of it.
4. The Trust will endeavour to accommodate the situation arising out of a member
of staff losing their driving licence. Ultimately however, where holding a driving
licence is a critical factor in their employment, the ability to retain their
employment rests solely with the member of staff concerned.
General Guidance
The Trust will try and assist the individual, if feasible, through taking a flexible approach to
the problem. In some cases it may be possible for the individual to carry out their duties with
little change. In other cases, the change may be so great that the individual finds it difficult to
undertake any part of their old role.
Each case will be considered in the light of the circumstances prevailing at that time. These
may include the length of time the disqualification is in force, its effect and what measures
can reasonably be taken to accommodate the situation, etc.
Where the loss of a driving licence has a major effect on the ability of the individual to
undertake their duties, the manager should discuss the issue with their Human Resources
manager. By discussing possible alternatives and thinking creatively, it may be possible to
find a solution to the problem.
In some situations it may be that downgrading the individual will enable them to work
without the use of a car. Salary would not be protected in cases of downgrading.
It may be that the individual wishes consider the option of taking a period of unpaid leave
until they regain their licence. The question of whether the original post can be kept open for
the individual, should also be considered at that stage.
This will depend on the circumstances prevailing at the time. For example it may be possible
if the ban is for two months, but not be feasible, if it is over this period. The individual may
then have to apply for that post, as and when, it becomes vacant.
It should be noted that if the member of staff has a lease car, then there may be a financial
penalty to pay if the car is returned before the lease expires. Where this is the case, the
penalty is the individual’s responsibility.
In more serious cases, the circumstances which led to the loss of a licence may also lead to
disciplinary action being taken by the Trust against the individual concerned. This course of
action would take place after a hearing held in accordance with the disciplinary procedure.
In the most serious cases (for example where the individual’s main duty is driving), dismissal
may be the only option.
As posts are reviewed as part of the Agenda for Change job evaluation exercise, the necessity
for a driving licence will be incorporated in the Person Specification as appropriate.
The Trust does not condone or agree that staff break the law (eg by speeding) when
undertaking their duties.
Where Disqualification is Due to Health Issues
There may be circumstances where the loss of a driving licence is due to a health related
matter.
This may be short term where, for example, an individual is advised not to drive when taking
certain medications. Or it may be longer term, where an illness precludes them from driving.
The above principles would still apply in this case. However the manager should also, when
appropriate, refer to the Managing Attendance Guidelines. In cases of ill health this may also
include temporary redeployment to another post, or consideration of flexible working
arrangements.
Penalties and Disqualification - (Current Position for Reference)
A guide to endorsements and disqualification
All endorsable offences and disqualifications will be recorded on your driving licence.
Although penalty points only count for 'totting up' purposes for three years, longer periods
must pass before you can apply to the DVLA to have them removed from the licence (and a
fee is payable).
For endorsements the period is four years from the date of the offence, and for
disqualifications four years from the date of conviction. Note: for certain Drink Driving
offences the period is 11 years from the date of conviction.
'Totting up'
If you receive 12 or more points in a three-year period, calculated for most offences from the
date of offence to date of offence, you will be liable to an automatic disqualification.
The length of the disqualification will be at least six months; it will be at least 12 months if
there has been a previous 'totting up' disqualification within three years of the last offence.
Courts have the discretion not to disqualify, or to reduce the period of disqualification when
they consider mitigating circumstances exist.
However, the law restricts what the court can take into account:



No account can be taken of any circumstance which it is suggested lessens the
seriousness of an offence
No account can be taken of any circumstance which has already been taken into
account by a Court within the previous three years and when the Court either did not
disqualify or reduced the disqualification period which would otherwise have been
imposed
Hardship will not be a 'mitigating circumstance' unless it is exceptional hardship
Endorsable motoring offences
For any endorsable offence, the Court has the discretion to disqualify if it considers the
circumstances to be serious enough, even if you have fewer than 12 penalty points on your
licence.
Obligatory disqualification
There are some offences, eg Dangerous Driving and Drink Driving, where the court must
order disqualification. In these cases, you can still present any mitigation, if it exists, but there
will be a minimum period that the court must impose unless it accepts there are special
reasons.
New drivers
If you passed your test after 1 June 1997, and reach a total of six points within two years of
passing your test you will no longer be a qualified driver and be required to retake the
practical and written tests.