Commentary

(c) The calculation rules

Division BI Pay
| Commentary

(c) The calculation rules

| Commentary

(c)     The calculation rules

To calculate the hours that count for the purposes of the national minimum wage it is necessary to determine the type of work being performed (ie is it time work, salaried hours work, output work or unmeasured work?) and then establish which hours can be included in the calculation, bearing in mind the provisions relating to 'on-call' work, travelling and training set out above, as well as any additional rules relating to the type of work in question.

(i)     The time work calculation

To calculate the number of hours of time work which count for national minimum wage purposes in a given pay reference period it is simply necessary to add together: (i) the number of hours of time work actually worked by the worker; and (ii) those hours that are treated as hours of time work in the pay reference period (see NMWR SI 2015/621 reg 31).

So far as hours actually worked are concerned, as noted above, there is no statutory definition of 'work' for these purposes. This can lead to difficult questions (in addition to those considered above). For example, is an individual working (as opposed to preparing to work) when he puts on his uniform at the start of a shift? Equally, is he working when he attends a meeting called by the employer to discuss workplace issues, particularly if attendance is voluntary? Much will depend on the particular facts of the case, including whether the employer is deliberately trying to avoid its

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