It is usually a case of finding them something different to do until they may get their licence back but always consider the rights of the person involved. They may wish to leave that employment of their own accord or accept a pay off.

I don't profess to know all the aspects but they certainly couldn't get rid of someone on those grounds without falling foul of the said Act.

ok i got a question being that the economy is still building up say there was a situation where one companies driver had a epileptic seizure and he wanted to be kept on by the company but the company had no where for them to work because all the positions where already filled lets say it was a security mobile driver and he asked or requested to be put on a site or head office, but the problem was the company had 3 contracts for manned sites that where already filled and all the other sites where clocking points but didnt require static guarding just a mobile patrol driver to check the building and clock his wand at points, no positions in head office and no job to offer the unfortunate driver. Would they have to approach each employee and ask them would they want to drive a van all day or night just to open a position up for the driver who had the seizure or could they let him go on grounds that there is no work available for them to offer him ??

Not sure how they could approach it to be honest. Consultation with the employee who's licence is lost and others who may be affected is crucial. It may be a case of some form of pay out for the employee as it would be a bit harsh to impose punishment on a company that has explored all options. Especially when the employee cannot do that job anymore. Kinda forces the employer into a corner. I guess they would need to prove to a tribunal that they have exhausted every option and consulted the employee every step of the way. I do believe that the employee cannot unreasonably refuse a genuine offer of alternative work.

In the case of HGV drivers, perhaps an offer of riding shotgun would be ok. In any case, the driver may be able to return to driving after 12 months so a temporary role would be ideal.

Another point to consider is that the company could create a role for the driver, paying the same wage and they wouldn't be any worse off financially. They would just be a driver down. Perhaps an agency driver could then be deployed to fill that gap.