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Employment Rights Act 1996, Section 228 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)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.
(2)In determining that amount the [F1employment tribunal]—
(a)shall apply as nearly as may be such of the preceding provisions of this Chapter as it considers appropriate, and
(b)may have regard to such of the considerations specified in subsection (3) as it thinks fit.
(3)The considerations referred to in subsection (2)(b) are—
(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, and
(d)the remuneration received by other persons engaged in relevant comparable employment with other employers.
(4)The Secretary of State 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.
Textual Amendments
F1Words in s. 228(2) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1Ss. 226-229 applied (with modifications) (4.3.1998) by S.I. 1998/192, reg. 37(1)
C2Ss. 220-228 applied (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 16(4) (with reg. 21(5))
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