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22 January 2009
Issue: 7353 / Categories: Case law , Practice areas , Law digest , Employment
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Employment

Law Alderson v Wings Aeromedical Services Ltd [2009] All ER (D) 11 (Jan)

When calculating “a week’s pay” for the purposes of assessing compensation for unfair dismissal in the case of an employee who does not have normal working hours under his contract of employment, the tribunal should ascertain the average weekly pay in the period of 12 weeks ending with the week in which the contract of employment terminated or, if that date was not the last day of the week, the last complete week before it.

 

If, in that 12-week period, there are any weeks in which no remuneration was payable, any such week must be disregarded and the tribunal must look at earlier weeks in which remuneration was payable so as to bring up to 12 the number of weeks from which the average is calculated.

 

The tribunal should not consider the reasons why, in any week, no remuneration was payable. The tribunal has to decide only, in respect of each week which might be included in the 12 weeks,

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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