6.—(1) The “hourly rate of pay”, in relation to a relevant employee, is to be determined as follows—
Step 1
Identify all amounts of ordinary pay and bonus pay paid to the employee during the relevant pay period.
Step 2
Where an amount identified under Step 1 is an amount of ordinary pay, exclude any amount that would normally fall to be paid in a different pay period.
Step 3
Where an amount identified under Step 1 is an amount of bonus pay, and is paid in respect of a period (“the bonus period”) which is not the same length as the relevant pay period, divide the amount by the length of the bonus period (in days) and multiply it by the length of the relevant pay period (in days).
Step 4
Add together the amounts identified under Step 1 (as adjusted, where necessary, under Steps 2 and 3).
Step 5
Multiply the amount found under Step 4 by the appropriate multiplier (see paragraphs (2) and (3)).
Step 6
Divide the amount found under Step 5 by the number of working hours in a week for that employee (see regulation 7).
(2) In this regulation, “the appropriate multiplier” means 7 divided by the number of days in the relevant pay period.
(3) In determining for the purposes of this regulation the number of days in the relevant pay period or bonus period where those periods are (or are determined by reference to) a month or a year—
(a)a month is treated as having 30.44 days;
(b)a year is treated as having 365.25 days.