Having worked both sides of the fence over the years, I have to agree with LRM that by discussing this on an open forum SV you have have left yourself comprimised if said driver is also using this forum.
If you had when first asking to inspect licences stated on your notice, or message in payslips a date by which failure to produce would lead to suspension without pay, you would have covered your arse a little better, as no one could come back and claim victimisation.
My current Co inspect every 3 months, and written into our contract of employment is failure to notify ANY change to your entitlement to drive is gross misconduct and leaves the driver not a leg to stand on if they do not inform the Co of any convictions.
Recently we had a driver who had a NIP sent to the co, but was offered a speed assesment course, which he took, but the Co wrote to him within 4 weeks of the NIP asking why he had not informed them of a conviction, and had to prove to the Co he had done said course, and his driving entitlement had not been comprimised,
Totaly with you SV on trying to get the job right, and hope all the posts on this subject help you become a better manager.
But Spanishvan hasn’t named any area, company, employee or anything else relating to the alleged individual, however, where I think it’s a belt and braces job is by texting the guy not to come in, (Written evidence if you like.) but if anyone on here IS affected, then 2 and 2 could well be put together.
But that aside, the guy appears to be hiding something, so action of a sort is definitely necessary.
Ken.
if the recalcitrate driver had the gumption to be reading this on here
he would have realised that he was in the wrong
and get his licence shown asap
Spanishvan raised a concern that perhaps some of us older and more experienced people would have solved on autopilot - but, and all credit to him, he felt he needed to share the problem with us to get a better angle and looks to be very careful to not identify anyone. From his earlier posting he isn’t getting any support up the food chain so he is trying to use the forum to back up his initial thoughts.
I then see a number of people jumping in and slating him for not being a proper manager and saying his postings will negate any industrial tribunal etc…
Spanishvan - yes what you are doing is spot on suspend, proof then sack or reinstate. Hopefully you will next time have a little more confidence in you actions and act faster and be more decisive.
If he does produce a licence then double double check it as real (my old nose smells big furry rat here)
If it went to an industrial tribunal because you sacked him as he had no licence how could they reinstate him■■? Or maybe they think he would get compensation, well 6 months money for a driver with no licence is about nothing in my calculations.
Well done for looking at all the angles and asking for advice/comments when you are uncertain, shame it couldn’t come from within your employer but any manager who thinks like that is halfway to cracking it
And as for the people knocking you, remember what they sound like and if ever they come up at interview you will have the last word…
Sounds like this driver has something to hide, I bet he quits on Monday. 
If you suspend him you will have to continue paying his wages. He has been there 6 months and has refused/been unable to show his licence gives you the right to sack him and I would bearing in mind his previous mishaps also.
It is extremely difficult to claim unfair dismissal if you have worked for a company for less than 1 year.
A tribunal will not hear a case just because someone thinks that they have been unfairly dismissed. There must be solid evidence to back up any hearing before it even takes place.
There are a few exceptions to this such as being dismissed whilst pregnant, taking up a health and safety issue or whistle blowing but even then the evidence must be there.
On the discussion given it would seem that the employee has broken the bond of trust between the employer and employee. It would be very difficult given his/her length of service and the issue involved to actually get this to court as has been suggested.
Make of that what you will but as I said before its up to the OP to make these decisions. management of any kind is a very steep learning curve but even steeper when learning the ropes. Good luck Sapnishvan I hope it all works out but I believe that you have made the right decision and don’t lose any sleep over it. If the driver had nothing to hide you would have seen the licence by now - I hope this helps
Quinny:
But Spanishvan hasn’t named any area, company, employee or anything else relating to the alleged individual, however, where I think it’s a belt and braces job is by texting the guy not to come in, (Written evidence if you like.) but if anyone on here IS affected, then 2 and 2 could well be put together.But that aside, the guy appears to be hiding something, so action of a sort is definitely necessary.
Ken.
And that was also my point to LRM, what Spanishvan has done is ask for some advice, some say he should know what to do without asking.
A driving licence is the first requirement for a driver, whether anyone can guess the company or the loads carried, or even who the driver is matters not. The fact is he was asked to produce his driving licence, so far he has not done that, so he is going to be painting the gates on Monday.
I took the car for a service. I drove it in the garage and asked for a courtesy car, even though they watched me drive our car over the ramp, they would not allow me to drive their vehicle without sight of both parts of my licence.
the jobs advertised on here, im not from down that way but i reckon with a couple of calls i could figure out who the firm is…
My point is, if i were the driver i wouldnt take to kindly too my dirty laundry being aired on a public forum by no less than the transport manager himself, and neither would a tribunal… no matter how friendly drivers and management are there has to be a them and us line… its human nature…
Tribunal, schmibunal - the driver has no chance with a tribunal as he’s been there for less than 12 months - that’s just the way it is. Spanishvan hasn’t named him - if you want to find out who he is, carry on. But why on earth would you want to? I don’t know him, he don’t know me - but I still think he’s an idiot who should be sacked. If he doesn’t want “hurt feelings” then he should do as he’s told, turn up on time and not smack the truck and keep schtum about it. 
spanishvan:
Wheel Nut:
Give him a written warning, that should be fun!!!hes had 2
1 is for hitting a car and not informing company within 24 hrs
2 being late due to he oversleeping at home which cost the us 1300 quid in transport all our jobs are printing so got to be there on time we give drivers notice 36 hrs before job
i have 2 minds to sack him on the spot
hes been there 6 mths in his fortys
Sack him and i will come and drive for you
And you can see my lisence, and my digi card!
Both employers and employees should be aware that, under the Road Traffic Act 1988, it is an offence for a person to drive a motor vehicle if he/she is not the holder of an appropriate licence. It is also an offence for a person to cause or permit another person to drive if that other person is not the holder of an appropriate licence. Vehicle operators may also be under an obligation to satisfy themselves as to the correct entitlement of drivers employed by them in order to meet the conditions of their Operators Licence. Now more than ever, there is a heightened awareness of an employer’s responsibility for ensuring a duty of care is maintained when employing drivers. The profile of this issue has recently been raised through the Government’s intended legislation on corporate manslaughter and corporate killing. The Corporate Manslaughter Bill will make it easier to prosecute companies and other organisations where serious negligence leads to death. Those readers of Freight Transport Review who have responsibility for driver recruitment will clearly have systems in place to ensure that any prospective driver has an appropriate licence and an endorsement history that meets their respective company policy. All employers need to consider how to protect themselves against the driver who fails to notify any subsequent endorsement or, worse still, driving ban or revocation. One thing is certain, in the eyes of the law, ignorance of the matter would be no defence.
Do you have anything like this printed on your invoices and transport documents?
Have you considered getting a breath tester for alcohol and checking people are not over the limit in the morning when they collect their keys also?
m4rky:
As the manager of a transport company you have a legal obligation to ensure that all of your employees are legally allowed to drive your vehicles. This makes you legally liable for any employees that fall foul of the law if you have not taken reasonable steps to ensure that they all comply.You have taken a reasonable step by asking for his licence - He has failed to produce this licence so the next step is to prevent him from driving your vehicles until he can prove otherwise.
Failing to do this leaves you wide open should he have any kind of incident that requires investigation. I for one would not take the risk and suspend him without pay immediately.
That sums it up!
I would inform the police you have a possible dodgy driver and get them to stop him at the gate,if they ask for his licence there’s no way he can refuse them!
As m4rky says,at the end of the day,it’s your responsibility and it could cost you your job,which would be a shame when you seem to be doing your best to get some organisation into the place.
It could mean prison for you Spanishvan.
Allowing someone to drive without proof of their entitlement could, in the event of a fatal crash see YOU facing corporate manslaughter charges.
He needs to show, or go.
mickfly:
It could mean prison for you Spanishvan.
Allowing someone to drive without proof of their entitlement could, in the event of a fatal crash see YOU facing corporate manslaughter charges.
He needs to show, or go.
Spanishvan isn’t allowing him to drive, it was the previous manager who set him on probably, and now SV seems to be trying to sort things by doing the job properly and beginning to straighten things out.
If he feels like asking questions on here, there is more knowledge than any free vosa guide will give you!
Cyberprog:
Have you considered getting a breath tester for alcohol and checking people are not over the limit in the morning when they collect their keys also?
All drivers get to do the drink machine at the large refinery in Notre dame de Gravenchon,in northern France,it is the Exxon Mobile site,with many other side line factories,if over the limit,they make you wait,until it is out of your system,the girls in the office carry it out.
gazzaman58:
Spanishvan raised a concern that perhaps some of us older and more experienced people would have solved on autopilot - but, and all credit to him, he felt he needed to share the problem with us to get a better angle and looks to be very careful to not identify anyone. From his earlier posting he isn’t getting any support up the food chain so he is trying to use the forum to back up his initial thoughts.I then see a number of people jumping in and slating him for not being a proper manager and saying his postings will negate any industrial tribunal etc…
Spanishvan - yes what you are doing is spot on suspend, proof then sack or reinstate. Hopefully you will next time have a little more confidence in you actions and act faster and be more decisive.
If he does produce a licence then double double check it as real (my old nose smells big furry rat here)
If it went to an industrial tribunal because you sacked him as he had no licence how could they reinstate him■■? Or maybe they think he would get compensation, well 6 months money for a driver with no licence is about nothing in my calculations.
Well done for looking at all the angles and asking for advice/comments when you are uncertain, shame it couldn’t come from within your employer but any manager who thinks like that is halfway to cracking it
And as for the people knocking you, remember what they sound like and if ever they come up at interview you will have the last word…
currantly i am in hambrg this evening i was going to fly out this morning to to a problom at i had to go to yard first
the driver who i will not name arrive at the yard at 7 am the keys to the vehicle were in my office locked in the dest he walked in ask for keys to vehicle i ask for his licence he said in front of a anther director i am not produceing my licence the director ask why he said its at dvla the director ask him to sign a form which he did not he refused to sign i asked him to removal his property form vehicle he did and i had the keys i tld him he is suspended from duties he has 14 working days to produce licence if after 14 day he does not produce licence he will be sacked and dismissed from duties i have been in cotact with a transport lawyer he has not got a leg to stand on the company was a shambles when took the job on all drivers licences were not on file which i have done now i have got a agency driver in to cover this week to cover germany trips i tink i am in ledal right to do this