Employers will increasingly care about the way their employees drive, as the span of Health and Safety legislation reaches into an increasingly wide range of driving.
Which new legislation is expanding the already solid remit of employers to oversee the driving standards of employees driving as part of their work? Health and Safety at Work Act 1974 already covers nearly all activities.
I agree on the principles of the Rehabilitation of Offenders Act, and the permission not to disclose many convictions, but that legislation does also try to balance the interests of society in rehabilitation with the interest of society in making informed decisions as to individuals' characters. The exception for driving offences has, in those terms, always struck me as an anomaly.
Driving offences are not always spent immediately under the Act and are not exempt. It is simply the case that most employers make an exception for them
by deciding not to ask about them - because they aren't interested and it's not likely to be relevant (unless it is a job which involves driving!).
If I get banned from driving the conviction isn't spent under the Act until the ban expires. It will appear even on a Basic DBS check. If I am fined by a court for a motoring offence then the conviction becomes spent after a year - and in some cases 30 months. It will also appear even in a Basic DBS check.
Fixed penalties are just that - penalties, and not convictions, and aren't part of this sub-discussion. You can't ask people about them directly and they will never be disclosed. You can only ask them to declare
any current endorsements on their licence, but it is only legal to do so if you can demonstrate driving is fundamentally linked to their job role and you have a proportionate reason to know that the employee is licenced to drive, able to be insured, and competent. If someone gets caught speeding and they take the speed awareness course instead of the points, you'll never know about it.
You cannot legally ask about the driving licence or endorsements of, say, your receptionist who drives to work and parks in the car park but does not drive on business or in a fleet vehicle for their employment. There is no lawful basis for employers to demand
all of their staff have "clean UK driving licences" unless they drive as part of their job and if this is happening (which I suspect it is *not*) it is not legal. It would certainly not be proportionate to ask for this data under GDPR and would also open the employer up to indirect discrimination claims because of a similar proportionality principle.