Benjamin Elkin v Premier Security Scotland — 2021

Benjamin Elkin worked for Premier Security Scotland from 7 December 2018 as a zero-hours door supervisor and was paid monthly on or around the 16th. He resigned in October 2020 after raising repeated concerns about wage discrepancies, missing payslips and unpaid expenses. On the unfair dismissal claim, the tribunal held that he did not have the two years' continuous service required by s.108 ERA 1996, so the unfair dismissal claim was dismissed and the tribunal did not need to determine the merits of constructive dismissal.

On the contractual payment claims, the tribunal accepted the claimant's timesheets, mileage forms, payslips and bank statements and found shortfalls in wages of £1,156.39 and mileage expenses of £3,420, together with late-payment fees of £15.50 caused by payments being made after the contractual pay date in September, October and November 2020. It held that the respondent was in breach of contract and ordered payment of £4,591.89.

The tribunal rejected the £155 uniform refund claim for lack of evidence and dismissed the £60 claim relating to erroneous pay day advances. It also found that annual leave taken in the 2020 leave year had not been paid and awarded £912.02 as an unlawful deduction from wages, while claims for annual leave in 2019 were out of time. The separate statutory paternity pay claim was also out of time because the relevant payment date was 16 February 2020 and the ET1 was not lodged until 27 October 2020.