Paragraph 9

England, Wales and Scotland

In any case in which an employee has not been employed for a sufficient period to enable a calculation to be made under any of the foregoing provisions of this Part, the amount of a week’s pay shall be an amount which fairly represents a week’s pay; and in determining that amount the tribunal shall apply as nearly as may be such of the foregoing provisions of this Part as it considers appropriate, and may have regard to such of the following considerations as it thinks fit, that is to say—

(a)

any remuneration received by the employee in respect of the employment in question;

(b)

the amount offered to the employee as remuneration in respect of the employment in question;

(c)

the remuneration received by other persons engaged in relevant comparable employment with the same employer;

(d)

the remuneration received by other persons engaged in relevant comparable employment with other employers;

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F1: Sch. 4 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt.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)