header-logo header-logo

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

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll