Mr P Nelson v North Lanarkshire Council — 2024

The claimant, a home support worker employed by North Lanarkshire Council, claimed that he had been underpaid throughout his employment in relation to overtime, non-core hours payments and designated user allowance. The tribunal identified the issue as whether the wages paid were less than the sums properly payable under the claimant's contract and the respondent's Schedule A terms.

On overtime, the tribunal found that the claimant worked variable weeks averaged to 28 contractual hours and that Schedule A required enhanced overtime rates only after hours exceeded 37 in an averaged week. The tribunal accepted the respondent's application of the rules, including the requirement that the claimant first work nine additional hours at basic rate before enhanced rates applied, and concluded that the claimant had been paid the sums properly payable under his contract.

On non-core hours payments, the tribunal found that the 15% enhancement applied to contractual hours only and not to overtime. The claimant accepted in cross-examination that he had been paid the contractual amount for non-core hours. On designated user allowance, the tribunal found that the allowance was a flat-rate payment for those meeting the mileage threshold, additional to the mileage allowance, and that the claimant had not shown that he was paid less than the contractual amount properly payable. The claims were dismissed.