Dealing with a Drink-Driving Employee

09/12/2025 /

All News & Insights
Police officer holding a roadside breathalyser, representing driver safety training

Dealing with a Drink Driving Employee

There are approximately 85,000 convictions for drink driving in the UK each year. If one of your employees is charged with drink driving, can you dismiss them?

What are the legal consequences of drink driving?

If a person is convicted of drink driving (where a death is not involved), they may receive:

  • A minimum 12-month driving ban
  • A criminal record
  • A substantial fine
  • A prison sentence
  • Endorsement on their licence for up to 11 years

Can you dismiss them straight away?

Your initial reaction may be to dismiss them for gross misconduct. While this is understandable, acting too quickly could create legal risks. This is especially true if the employee has not yet been convicted. Under UK law, individuals are considered innocent until proven guilty. Unless there is a criminal conviction, the employee is not guilty of any offence and dismissal on this basis alone may be unfair.

What should you do instead?

Begin by talking to the employee to understand the circumstances and the severity of the charges. If the employee drives on your business insurance, you should inform your insurer. Some insurers may refuse to continue cover, while others may be more flexible.

If the employee uses their own insurance to drive for work, they must speak to their provider to confirm they still have appropriate cover.

What if they are no longer insured to drive?

If driving is part of the employee’s job and they cannot do so during the legal proceedings, you still cannot automatically dismiss them.

Instead, consider whether they can be temporarily reassigned to a different role that does not involve driving. If this is not possible, suspension on full pay may be appropriate. This should only be used as a last resort after exploring all other options.

What if the employee is convicted?

If the employee is convicted and loses their licence, you may be able to dismiss them fairly for gross misconduct, particularly if a driving licence is essential to their role. It is advisable to include this in your list of gross misconduct examples within your disciplinary policy.

If driving is not essential to their job, a conviction is unlikely to justify dismissal on its own. Each case should be assessed on its own facts, and legal advice may be appropriate.

If you have any questions or would like support with managing HR or disciplinary issues at your workplace, our HR Consultancy team is here to help.