Drunken behaviour

Drinking and driving is unacceptable but it is unlikely that you can dismiss him at this moment. It would depend on what is in your contracts of employment and how recent the incident was. All employers with people who drive, not only company vehicles but also their own vehicles on company business, should have clear rules. They should include a rule that states that the individual should not drive having taken alcohol at all, regardless of whether they exceed the legal limit or not. If you have such a rule then you face a number of scenarios if the rule is broken. If he is convicted by a court and loses his licence then he can no longer drive (a statutory prohibition). He may however still be able to carry out his duties, perhaps by public transport or taxis.

Your rules should state that anyone who is stopped by the police and thereby knows they are to be prosecuted must notify you immediately. You are then in a position to indicate that they need, in the meantime, to consider how they will defend themselves in the disciplinary hearing that will follow conviction and any proposals they would wish to put forward at that time as to how they could continue to perform their duties. The ability to continue to carry out their duties will very much depend on the individual's circumstances. For example, an LGV driver is unlikely to be able to suggest anything; a salesperson in London and covering only London is likely to be able to manage by public transport but one operating in rural Norfolk is not; and someone who is office-based and never travels on business is unlikely not to be able to carry on their duties. Assuming they could continue to carry on their duties you would then have to decide how to proceed regarding the disciplinary issue. The procedure should comply with your contractual rules and the requirements of the statutory disputes procedure. If the individual has lost their licence they cannot drive.

You must discuss any alternative vacancies with them. You would then have to decide whether you were going to pursue the conduct issue in breach of the contractual rules and what penalty to impose. If he were to accept the alternative it would be on the appropriate terms and conditions for that role. If his suggestions are impracticable and he refuses any alternative (or there genuinely is not one) you would have to dismiss him. Whether that would be for conduct, capability, a statutory ban or some other reason would keep experts busy for weeks.

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