Paragraph 27 I1I2

In section 225 (calculation date for purposes of working out a week’s pay), before subsection (1) insert—

“(A1)

Where the calculation is for the purposes of section 27BI, the calculation date is—

(a)

where the complaint is under section 27BG(1), (2), (3) or (7), the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract;

(b)

where the complaint is under section 27BG(8)—

(i)

the date on which the complaint was presented to the employment tribunal, or

(ii)

if the worker was not employed by the employer under a worker’s contract on that date, the latest day before that date on which the worker was so employed.

(B1)

Where the calculation is for the purposes of section 27BI as applied by section 27BY(6)(a) in relation to a complaint under section 27BY(5), the calculation date is the latest day of the reference period to which the complaint relates on which the worker was employed by the employer under a worker’s contract.”