Section 228 — Employment Rights Act 1996: New employments and other special cases.

New employments and other special cases. 228 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 employment 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.