NEW: Can I Lose My Job for Drink Driving in Ireland? What the Law Says

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If you've been charged with drink driving in Ireland, it's normal to panic — not just about court, but about work.

One of the most common questions people ask is:

“Can I lose my job for drink driving?”

Closely followed by:

“Do I have to tell my boss I’ve been charged or convicted?”

The answer depends on your job, your employment contract, and whether you’re actually convicted. Here’s what Irish employment law says — and what happens in the real world.

"I knew of one case where my client was a truck driver.

He received a 2-year ban.

The employer told me that he was a great employee

and decided to create a job for him in the warehouse"

Drink Driving Charge vs Conviction: What’s the Difference at Work?

If you’ve only been charged, not convicted, you’re generally not legally required to tell your employer. This is especially true if:

• The incident happened outside work hours,

• You don’t drive for a living, and

• Your contract doesn’t require disclosure of criminal charges.

  
  

Many contracts use vague language like “gross misconduct” — but what counts as that in Irish law?

Is Drink Driving Considered Gross Misconduct in Ireland?

Under Irish employment law, gross misconduct can justify instant dismissal — but it's usually limited to misconduct in the workplace.

According to the Citizens Information website, examples of gross misconduct include:

• Assault

• Theft

• Being drunk at work

• Harassment or bullying

A drink driving offence that occurs outside work hours generally does not fall into this category — unless your role requires a high degree of public trust, or the incident directly impacts your job.

But if you drove to work drunk, or got drunk while at work and drove on the company property, this would very likely be regarded as gross misconduct.

If your employer tries to dismiss you for gross misconduct because of a drink driving charge that occurred in your personal life, they must still follow fair procedures and prove that the dismissal was reasonable under the Unfair Dismissals Acts.

Convicted and Disqualified – What If You Lose Your Licence?

This is where the situation can change significantly.

If you're convicted of drink driving and banned from driving, and your job requires a full driving licence, your employer may be able to dismiss you fairly. Continuing in the role would mean breaking the law — for example, if you're a:

• Delivery driver

• Taxi driver

• Sales rep with a company car

• HGV or logistics driver

Citizens Information confirms that dismissal may be justified in these cases — but your employer must still consider alternatives before making that decision.

What Happens in Real Life?

From experience defending many such clients, I’ve seen the same pattern again and again:

Employers are angry, yes — but they don’t want to lose good staff either if they can help it. Especially not in today’s labour market.

In many cases, I’ve seen employers create a new role temporarily, allow the employee to work from the office, or assign alternative duties until the driving disqualification ends. Once the ban is over, the employee returns to their original position.

I knew of one case where my client was a truck driver. He received a 2-year ban. The employer told me that he was a great employee and decided to create a job for him in the warehouse.

This is especially true for long-standing or high-performing staff. It shows that being disqualified from driving doesn’t always mean automatic dismissal.

You Don’t Drive for Work – Should You Still Tell Your Employer?

If you work in a non-driving role — accountant, admin assistant, engineer, shop manager — and you're convicted of drink driving, you're still legally allowed to work.

In most cases:

• You are not breaking the law by continuing in your role,

• Your ability to do the job remains intact, and

• Your employer cannot justify dismissal unless they can show the conviction affects their trust in you or the company’s reputation.

"Employers are angry, yes —

but they don’t want to lose good staff

either if they can help it.

Especially not in today’s labour market"

Common Search Questions – Answered

Can I lose my job for drink driving in Ireland?

Yes, if your role depends on driving, and you are disqualified. Otherwise, dismissal is much harder to justify.

Is drink driving considered gross misconduct under Irish employment law?

Only in very limited circumstances — usually when the conduct happens at work or significantly damages trust in the employer-employee relationship.

Do I have to tell my employer about a drink driving conviction?

If driving is essential to your role, yes. If not, you’re not legally required to disclose it — unless your contract specifically says otherwise.

Practical Guide – Should You Tell?

Situation	Should You Tell Your Employer?
You drive for work and have been disqualified	✅ Yes — you can’t legally do your job
You don’t drive for work and haven’t been convicted	⚖️ Not usually — unless contract requires it
You’re convicted but don’t need a licence for your role	🟡 Use discretion — probably not necessary
You’re unsure what your contract says	💬 Get legal advice first

Final Word: Drink Driving & Your Job in Ireland

A drink driving conviction is serious. But it does not automatically mean dismissal, especially if your job doesn’t involve driving.

Under Irish employment law:

• Employers must have fair grounds for dismissal

• They must follow proper procedures

• And they are often more flexible than people expect — particularly for trusted, long-term staff

Every case is different. But in many situations, you can keep your job — even after a driving ban.