Kent Coach Travel Ltd T/a Travelmasters

Case Summary

Mr Caisley, a bus driver employed for less than four months, brought claims against Kent Coach Travel Limited. The tribunal dismissed unfair dismissal (no two years' service) and statutory sick pay claims (no jurisdiction), but upheld claims for unauthorised wage deductions totalling £1,134 and awarded £3,055 for injury to feelings due to failure to make reasonable adjustments for his disabilities.

The unfair dismissal claim was dismissed because the claimant had only four months' service and the statutory requirement is two years. The statutory sick pay claim was dismissed because only HMRC has jurisdiction to determine such disputes. The wage deduction claims succeeded because the respondent provided no statutory or contractual basis for withholding holiday pay and unpaid wages. The failure to make reasonable adjustments claim succeeded as the claimant had established disabilities (ADHD, dyslexia, dyspraxia) with substantial adverse effects and the respondent had failed to make appropriate adjustments.

• •Whether claimant had two years' service for unfair dismissal claim
• •Whether tribunal has jurisdiction over statutory sick pay claims
• •Whether respondent made unauthorised deductions from wages for accrued holiday pay
• •Whether respondent made unauthorised deductions for unpaid wages
• •Whether claimant had disability status (ADHD, dyslexia, dyspraxia, EDNOS)
• •Whether respondent failed to make reasonable adjustments

1 of 10 EMPLOYMENT TRIBUNALS Claimant: Mr A Caisley Respondent: Kent Coach Travel Limited t/a Travelmasters Heard at: London South (by video) On: 6 March 2026 Before: Employment Judge Robinson Appearances For the claimant: In person For the respondent: Did not attend RESERVED JUDGMENT 1. The claimant’s unfair dismissal claim is dismissed because the claimant did not have the required two years’ service. 2. The claimant’s statutory sick pay claim is dismissed because the Tribunal does not have jurisdiction to hear the claim. 3. The respondent made unauthorised deductions from wages by failing to pay the claimant in lieu of accrued but untaken holiday pay. The respondent is ordered to pay the claimant the sum of £726.24. 4. The respondent made unauthorised deductions from wages by failing to pay the claimant the full amount of wages due for the period 2 February to 28 May 2023. The respondent is ordered to pay the claimant the sum of £408. 5. The claimant’s claims for failure to make reasonable adjustments succeeds. The respondent is ordered to pay the claimant the sum of £3,055.07 by way of remedy for injury to feelings. REASONS 6. I did not give the claimant my judgment and reasons at the hearing. I decided it was preferable to reserve my judgment and issue it in writing afterwards, so that the respondent (who did not attend the hearing) could see not only the judgment, but the reasons why I have made it. 2 of 10 Background 7. The claimant was employed by the respondent as a bus driver from 2 February 2023 until 28 May 2023. The claimant made complaints against the respondent to the Tribunal on 2 August 2023 of: a. unfair dismissal b. statutory sick pay c. holiday pay d. unauthorised deduction from wages e. failure to make reasonable adjustments 8. The respondent had not engaged at all with the claimant or the Tribunal about this case. There was no response (ET3) form, despite the c…