Calculating a week's pay

The concept of ‘a week’s pay’, calculated in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory employment rights, including:

1. •

   the statutory right to pay during a notice period—see Practice Note: Statutory minimum notice—Employee rights during the notice period

2. •

   calculation of the basic award or an additional award for failure to comply with an order for reinstatement or re-engagement in unfair dismissal cases—see Practice Notes: The basic award—Calculation, Reinstatement—Second stage reinstatement hearing and Re-engagement—Second stage re-engagement hearing

3. •

   calculation of the statutory maximum compensatory award for unfair dismissal (although not for assessing the amount of the compensatory award itself—see Practice Note: The unfair dismissal compensatory award—Statutory maximum

4. •

   calculation of a statutory redundancy payment—see Practice Note: Entitlement to statutory redundancy payment—Calculation

5. •

   calculation of an award for failure to provide written reasons for dismissal—see Practice Note: Written statement of reasons for dismissal—Remedy

6. •

   calculation of a protective award for failure to comply with the statutory information and consultation requirements on a collective redundancy—see Practice Note: Protective awards—The amount of a protective award

7. •

   calculation of an award for failure to inform and consult on a TUPE transfer—see Practice Note: TUPE—information and consultation—Failure to inform and consult, under the heading ‘Remedies for failure to inform and/or consult’

8. •

   calculation of statutory holiday pay under the Working Time Regulations