Dismissed after losing LGV licence due to depression: a failure to consider alternatives
A Transport Team Leader with 16 years' service was unfairly dismissed after his LGV licence was revoked due to depression. The tribunal found the employer failed to consider alternative roles or reasonable adjustments.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal
- #lgv-licence-revocation
- #failure-to-consider-alternative-roles
- #depression
- #reasonable-adjustments
Key facts
- The claimant was employed as a Transport Team Leader from 13 April 2004 until his dismissal on 13 August 2020.
- The claimant suffered a severe depressive episode in February 2020 and was diagnosed with severe depressive disorder.
- The DVLA revoked the claimant's LGV licence on 6 August 2020 due to his medical condition.
- The respondent dismissed the claimant for breach of contract because he could no longer drive an LGV.
- The respondent did not properly consider alternative roles or reasonable adjustments before dismissing the claimant.
- The claimant was treated unfavourably because of something arising from his disability.
Timeline
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Mental breakdown
The claimant suffered a mental breakdown caused by a previous traumatic event.
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Informed employer of condition
The claimant informed Mr Watkins of his condition and background reasons.
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Diagnosed with severe depressive episode
The claimant was diagnosed with a severe depressive episode and informed the respondent he was too unwell to work.
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Welfare meeting
The claimant attended a welfare meeting with Mr Watkins; he was told to notify DVLA of his condition.
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Occupational health consultation
The claimant attended an occupational health consultation; the report stated he was fit to work and recommended altered duties pending DVLA confirmation.
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Occupational health report received by respondent
The respondent received the occupational health report advising that the claimant was likely disabled.
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Returned to work
The claimant returned to work after furlough.
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DVLA revoked LGV licence
The DVLA notified the claimant that his LGV licence was revoked effective 6 August 2020.
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Investigatory meeting
The claimant attended an investigatory meeting and was told he was in breach of contract and would be referred to a disciplinary hearing.
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Dismissal
The claimant was dismissed with immediate effect for breach of contract due to loss of LGV licence.
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Appeal hearing
The claimant's appeal was heard by Mr Steve Hunt.
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Appeal dismissed
The claimant was informed that his dismissal had been upheld.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed and whether the respondent discriminated against him because of something arising from his disability, and whether the respondent failed to make reasonable adjustments.
The outcome
The tribunal upheld the claimant's complaints of unfair dismissal and disability discrimination. The respondent failed to consider alternative roles or reasonable adjustments before dismissing the claimant for losing his LGV licence due to his depressive disorder.
- Unfair dismissal: the dismissal was procedurally and substantively unfair.
- Disability discrimination: the claimant was treated unfavourably because of something arising from his disability (the licence revocation).
- Reasonable adjustments: the respondent failed to consider alternative roles.
A remedy hearing will determine compensation.
Lessons & takeaways
- Employers must consider alternative roles and reasonable adjustments before dismissing an employee who loses a licence due to a disability.
- A disability that leads to a licence revocation does not automatically justify dismissal; the employer must explore other options.
- Length of service (here 16 years) means the employer should take extra care to consider alternatives before dismissal.
- Failing to share an occupational health report with the employee can be a procedural flaw in the dismissal process.
A sudden dismissal after 16 years
The claimant had worked for 3663 Transport Limited for 16 years as a Transport Team Leader. His role involved some driving, but he also did office work allocating routes. In February 2020, he suffered a severe depressive episode and was diagnosed with severe depressive disorder. He informed his employer and was referred to occupational health. The report stated he was fit to work with altered duties pending DVLA confirmation.
However, on 6 August 2020, the DVLA revoked his LGV licence due to his medical condition. Just seven days later, the respondent dismissed him for breach of contract because he could no longer drive an LGV. The tribunal found that the employer had not properly considered whether he could do other roles or whether reasonable adjustments could be made.
What went wrong for the employer
The tribunal highlighted several failings. The respondent did not consider alternative employment, such as a non-driving role, despite the claimant's long service and the fact that his job involved more than just driving. The employer also told the claimant he would need to be fit for 12 months before reapplying for his licence, which was incorrect. The occupational health report was not shared with the claimant, and the dismissal process was rushed.
Why this case matters
This case shows that losing a licence due to a disability does not give an employer a free pass to dismiss. The duty to make reasonable adjustments and to consider alternative roles applies even when the employee cannot perform a core part of their job. For employees with long service, the expectation of a fair process is higher. A remedy hearing will now decide the compensation due.
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