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Employment Protection (Consolidation) Act 1978

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Changes over time for: Paragraph 5

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Version Superseded: 22/08/1996

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Status:

Point in time view as at 01/10/1992. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Employment Protection (Consolidation) Act 1978, Paragraph 5. Help about Changes to Legislation

5(1)For the purpose of paragraphs 3 and 4, in arriving at the average hourly rate of remuneration only the hours when the employee was working, and only the remuneration payable for, or apportionable to, those hours of work, shall be brought in; and if for any of the twelve weeks mentioned in either of those paragraphs no such remuneration was payable by the employer to the employee, account shall be taken of remuneration in earlier weeks so as to bring the number of weeks of which account is taken up to twelve.

(2)Where, in arriving at the said hourly rate of remuneration, account has to be taken of remuneration payable for, or apportionable to, work done in hours other than normal working hours, and the amount of that remuneration was greater than it would have been if the work had been done in normal working hours, account shall be taken of that remuneration as if—

(a)the work had been done in normal working hours; and

(b)the amount of that remuneration had been reduced accordingly.

(3)For the purpose of the application of sub-paragraph (2) to a case falling within paragraph 2, sub-paragraph (2) shall be construed as if for the words “had been done in normal working hours”, in each place where those words occur, there were substituted the words “had been done in normal working hours falling within the number of hours without overtime”.

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