Driving instructor dismissed after losing Group 2 licence: capability dismissal upheld

When a licence is lost: the limits of reasonable adjustments

This case shows the difficult balance employers must strike when a long-serving employee can no longer perform a core part of their job due to a health condition. The claimant, a driving training instructor with 11 years' service, suffered a heart attack and cardiac arrests that led to the permanent revocation of his Group 2 licence. For over three years, his employer, Northumberland County Council, allowed him to carry out other training duties that did not require the licence. However, a growing backlog of 24 LGV drivers needing training meant the adjustments became unsustainable.

The tribunal accepted that the council had acted reasonably. It had sought occupational health advice, placed the claimant on the redeployment register, and considered alternatives. But no suitable role existed, and the core requirement of the job—holding a Group 2 licence—could not be waived due to safety regulations. The dismissal was for capability, a potentially fair reason, and the process fell within the band of reasonable responses.

What the employer did right

The council's key strength was its patience. It allowed the claimant to work without a licence for over three years, far longer than many employers might. It also held a proper capability process, including a final review meeting and an appeal heard by a senior officer. The tribunal noted that the claimant had not provided medical evidence to suggest he might regain his licence, and his own expert report was not submitted. This left the employer with no realistic prospect of the claimant returning to his core role.

Why the discrimination claim failed

The claimant also argued that the council had failed to make reasonable adjustments and had discriminated against him because of something arising from his disability. However, the tribunal found that the adjustments already made were reasonable and that the dismissal was a proportionate means of achieving the legitimate aim of ensuring the training needs of the fire service were met. Without evidence that a further adjustment—such as creating a new role—was practicable, the claim could not succeed.

What this means for similar cases

For employees in roles with mandatory licences or qualifications, this case is a reminder that long-term adjustments are not indefinite. Employers must show they have considered alternatives and followed a fair process, but if the core requirement cannot be met and no suitable redeployment exists, dismissal may be fair. For employers, the lesson is to document the steps taken, seek medical advice, and consider redeployment thoroughly—but also to recognise when adjustments have reached their limit.