Will I Lose My Job
If I Get a Driving Ban?
A plain English guide to the employment consequences of a driving ban — what your employer can do, when exceptional hardship arguments can prevent a ban, and how a solicitor can help protect your livelihood.
The Short Answer
It depends on your job. If driving is essential to your role, the risk is high. If you simply drive to work, your employer should consider alternatives before dismissing you. And if you face a totting up ban (12+ points), an exceptional hardship argument based on loss of employment may prevent the ban altogether. Read on for the full picture.
Your Situation
How a Driving Ban Affects Different Workers
You Drive as Part of Your Job
High risk of dismissalIf driving is an essential part of your role — for example, a delivery driver, sales representative, community nurse, or field engineer — a driving ban will almost certainly affect your employment. Your employer may have no choice but to dismiss you if you cannot perform the core duties of your role. However, your employer must still follow a fair dismissal process. If they dismiss you without following the correct procedure, you may have an unfair dismissal claim.
You Drive to Work but Driving is Not Your Job
Moderate risk — depends on circumstancesIf you drive to work but driving is not part of your job duties, the position is more nuanced. Your employer cannot automatically dismiss you simply because you cannot drive to work. They should consider whether alternative transport is available, whether you can work from home, or whether there are other reasonable adjustments. However, if your inability to get to work causes genuine operational difficulties, dismissal may ultimately be fair.
Your Contract Requires a Clean Licence
High risk if contract clause existsSome employment contracts contain a clause requiring you to hold a valid driving licence or a licence free from endorsements. If your contract contains such a clause and you receive a conviction and endorsement, you may be in breach of contract. Your employer may be entitled to dismiss you. You should check your contract carefully and seek legal advice.
You Work in a Regulated Profession
High risk in regulated professionsCertain professions — including healthcare, teaching, social work, legal services, and financial services — require disclosure of criminal convictions. A drink driving conviction is a criminal conviction and must be disclosed. Your regulatory body may investigate and could impose sanctions, including suspension or removal from the register. You should seek advice from both a road traffic solicitor and your professional body.
You Work in the Public Sector or with Vulnerable People
High risk in safeguarding rolesIf you work with children, vulnerable adults, or in a position of trust, a criminal conviction — including drink driving — may trigger a DBS check review and could affect your continued employment. Enhanced DBS checks disclose all convictions, cautions, and reprimands. You should seek advice on the disclosure implications for your specific role.
Preventing the Ban
Exceptional Hardship — Can I Avoid a Totting Up Ban?
If you face a totting up disqualification (12+ points), you can ask the court not to impose the ban by demonstrating exceptional hardship. Loss of employment is the most commonly accepted form of exceptional hardship — but the evidence must be strong.
When Exceptional Hardship Based on Employment May Succeed
Important
Exceptional hardship is not available for drink driving, where a ban is mandatory. It applies only to totting up disqualifications under s.35 of the Road Traffic Offenders Act 1988. You cannot use the same exceptional hardship argument twice within three years.
FAQs
Frequently Asked Questions
Will I definitely lose my job if I get a driving ban?
Not necessarily. Whether you lose your job depends on the nature of your role, your contract, and how your employer responds. If driving is essential to your job, the risk is high. If you simply drive to work, your employer should consider alternatives before dismissing you. We strongly recommend seeking both road traffic and employment law advice.
Can I use losing my job as a reason to avoid a driving ban?
Yes — this is called an exceptional hardship argument. If you face a totting up ban (12+ points), you can ask the court not to impose the ban by demonstrating that the consequences would be exceptional — including loss of employment. The court will consider the evidence carefully. This argument is not available for drink driving, where a ban is mandatory.
What is exceptional hardship?
Exceptional hardship is a legal argument that asks the court not to impose a totting up disqualification because the consequences would be disproportionate. The hardship must be exceptional — not merely inconvenient. Loss of employment is the most commonly accepted form of exceptional hardship, but you must provide strong evidence from your employer.
Can I use the same exceptional hardship argument twice?
No. If you have successfully argued exceptional hardship within the preceding three years, you cannot rely on the same circumstances again. You must demonstrate new or different exceptional hardship.
Does a drink driving conviction affect a DBS check?
Yes. A drink driving conviction is a criminal conviction and will appear on a standard or enhanced DBS check for the relevant disclosure period. It remains on your driving licence for 11 years. The impact on your employment depends on the nature of your role and your employer's policy.
Do I have to tell my employer about a driving ban?
It depends on your contract and the nature of your role. If your contract requires you to hold a valid licence, you should inform your employer. If you work in a regulated profession, you may have a duty to disclose to your regulatory body. You should seek legal advice on your specific obligations.
Can my employer dismiss me for getting a driving ban?
Your employer may be entitled to dismiss you if a driving ban means you cannot perform the essential duties of your role. However, they must still follow a fair dismissal process — including considering alternatives and giving you an opportunity to respond. If they dismiss you without following the correct procedure, you may have an unfair dismissal claim.
What if I am a professional driver — taxi, HGV, or LGV?
Professional drivers face the most serious employment consequences from a driving ban. A conviction may trigger licence revocation by the local authority (for taxi and private hire drivers) or DVLA vocational licence revocation (for HGV and LGV drivers). We provide specialist advice for professional drivers — contact us immediately if you are a professional driver facing a motoring charge.
Related Guides & Pages
Drink Driving: What Happens Next
Overview of the drink driving process and what to expect.
What Happens at a Drink Driving Hearing
Step-by-step guide to the court process.
Totting Up & Driving Bans
Exceptional hardship arguments to prevent disqualification.
Professional Drivers
Specialist advice for taxi, HGV, and LGV drivers.
Our Fixed Fees
Transparent pricing for all road traffic offences.
All Driving Offences
Overview of all road traffic offences we defend.
Worried About Your Job?
Contact our specialist road traffic solicitors in Chester today. We can advise on exceptional hardship arguments, the employment consequences of a driving ban, and the best strategy to protect your licence and your livelihood.