How can someone who was a taxi driver and drove without a liscense get a tribunal?
A woman that my mother and father employed a woman who had a license and then she lost her lisense about a year afterwards, but she didn't inform my mother and father. She has been working for them for about 5 years, but now that my parents have fired her, she has claimed a tribunal. my parents are appealing, has anyone here got any advice?
Answers:
Even though this woman was driving illegally and her dismissal was, from you have said, entirely fair, if your parents did not go through the proper dismissal procedure, then she still has a claim.
See www.acas.gov.uk - they should have held a formal dismissal hearing and the women could have appealed before being finally sacked. As you will see from the website, employers can still be fined just for not going through the proper procedure - even if the reason for the dismissal was fair.
she wont have a leg to stand on if she as not a licence she is not able to do the job she was employed to do, your parents are not appealing they are in fact defending there action and no tribunal will uphold a claim for this particular case, Put simply no licence no job dont worry she wont het as far as the actual hearing
You will find she will drop the tribunal as she is only trying to scare you into thinking it was your fault .
'fengirl2' has a valid point.
However as the employer you have the duty to check that your employees have the valid documentation to carry out the tasks you employ them for. In this case a valid driving licence.
It should also have been in the contract of employment that a valid driving licence was required and that the employer should be notified of any bans, endorsements or other traffic violations which effect a persons licence to drive.
She won't win anyway. She didn't inform your parents of her lost license. Legally, she shouldn't be driving anyway. Your parents were right to fire her. It's their business right? Does she run it, no she worked for them. It's her fault. Your parents shouldn't be liable for her situation. Sounds like she wants money for nothing. I hope this helps.
SusanF
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: