Mr M Hassan v Metroline Travel Limited — 2021

The claimant, a bus driver, claimed £2,786.48 for wages said to be owed for 26 June to 26 July 2020, when he was not working after his category D PCV licence expired. The respondent did not permit him to drive until the licence was renewed, and the Tribunal considered whether he had a right to be paid during that period.

The Tribunal found that the claimant's contract required him to hold a valid PCV licence and that it was an implied term that he could not drive unless he produced a valid licence or otherwise proved to the respondent's reasonable satisfaction that he was legally entitled to drive. Although the claimant may have been legally entitled to drive under section 88 of the Road Traffic Act 1988, the Tribunal found that he did not provide satisfactory evidence of that to the respondent.

The Tribunal also found that the claimant did not take reasonable steps to ensure the licence was renewed before expiry or to obtain confirmation from the DVLA that he could drive while awaiting renewal. It held that he had no right to be paid wages for the claimed period, so the unauthorised deduction complaint failed. The breach of contract claim was dismissed for lack of jurisdiction because the claimant's employment was continuing.