Article 24 New employments and other special casesC1C2
In any case in which the employee has not been employed for a sufficient period to enable a calculation to be made under the preceding provisions of this Chapter, the amount of a week's pay is the amount which fairly represents a week's pay.
In determining that amount the industrial tribunal—
shall apply as nearly as may be such of the preceding provisions of this Chapter as it considers appropriate, and
may have regard to such of the considerations specified in paragraph (3) as it thinks fit.
The considerations referred to in paragraph (2)(b) are—
any remuneration received by the employee in respect of the employment in question,
the amount offered to the employee as remuneration in respect of the employment in question,
the remuneration received by other persons engaged in relevant comparable employment with the same employer, and
the remuneration received by other persons engaged in relevant comparable employment with other employers.
The Department may by regulations provide that in cases prescribed by the regulations the amount of a week's pay shall be calculated in such manner as may be so prescribed.
Annotations
Modifications
- C1
Arts. 16-24 applied (6.4.2006) by Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 2(3), 16(4), Sch. 1 para. 11 (with reg. 21(1)(5), Sch. 1 para. 3)
- C2
Arts. 16-24 applied (6.4.2006) by Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (S.R. 2006/177), reg. 16(4)
Notes on the whole Order
Textual amendments
- F1
functions transfered SR 1999/481
Notes on Chapter IV
Modifications
- C1
Pt. I Ch. IV (arts. 16-25) applied (6.4.2006) by Occupational and Personal Pension Schemes (Consultation by Employers) Regulations (Northern Ireland) 2006 (S.R. 2006/48), reg. 17, Sch. para. 3(2)
- C2
Pt. I Ch. IV (arts. 16-25) applied (18.8.2006) by European Cooperative Society (Involvement of Employees) Regulations 2006 (S.I. 2006/2059), regs. 2, 29(2), Sch. 3 para. 22
- C3
Pt. I Ch. IV (arts. 16-25) applied (1.10.2006) by Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R. 2006/261), regs. 1(1), 51, Sch. 5 paras. 11(4), 12(4) (with reg. 50)
- C4
Pt. I Ch. IV (arts. 16-25) applied (with modifications) (12.3.2007 with effect from 1.10.2006) by Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2007 (S.R. 2007/93), reg. 5(4) (with reg. 9(5))
- C5
Pt. I Ch. IV (arts. 16-25) applied (15.12.2007) by Companies (Cross-Border Mergers) Regulations 2007 (S.I. 2007/2974), regs. 22(3), 44(2), Sch. 2 para. 20
- C6
Pt. I Ch. IV (arts. 16-25) applied (1.10.2009) by European Public Limited-Liability Company (Employee Involvement) (Northern Ireland) Regulations 2009 (S.I. 2009/2402), reg. 27(2) (with reg. 39)