Complying with a legal duty or restriction
[ch 4: page 45]It is fair to dismiss an employee if continuing to employ them would contravene a legal duty or restriction (section 98(2)(d) ERA 96) — in other words, would involve the employer breaking the law. This could apply, for example, to a lorry driver who lost their driving licence where there was no suitable alternative employment, or a teacher who did not have the required qualifications.
Failing to look for alternative employment for someone who has lost their licence will not always make the dismissal unfair. It depends on the circumstances. For example, in Wincanton Group PLC v Gregory [2012] UKEAT/0011/2/1110, Mr Gregory’s dismissal was unfair because Wincanton promised it was looking for alternative roles for him, when this was not true.