Paragraph 6

England, Wales and Scotland

(1)

This paragraph shall apply if there are no normal working hours for an employee when employed under the contract of employment in force on the calculation date.

(2)

The amount of a week’s pay shall be the amount of the employee’s average weekly remuneration in the period of twelve weeks—

(a)

where the calculation date is the last day of a week, ending with that week;

(b)

in any other case, ending with the last complete week before the calculation date.

(3)

In arriving at the said average weekly rate of remuneration no account shall be taken of a week in which no remuneration was payable by the employer to the employee and remuneration in earlier weeks shall be brought in so as to bring the number of weeks of which account is taken up to twelve.

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2); S.I. 1998/1658, art. 2, Sch. 1

Notes on Schedule 14

Textual amendments

F1: Sch. 4 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)

Notes on Part II

Modifications

C1: Sch. 14 Pt. II (paras. 3–12) modified by S.I. 1986/151, arts. 2, 5, S.I. 1986/379, art. 3, S.I. 1989/1139, reg. 5 and Education Reform Act 1988 (c. 40, SIF 41:1), ss. 178(2)(b), 231(7), 235(6)