The amount of a week’s pay of an employee shall be calculated for the purposes of this Act in accordance with this Chapter.
Definitions used in section 220 2
- week
“week”—
Defined in s.235(1) · see it in the full Act(a)in Chapter I of this Part means a week ending with Saturday, and
(b)otherwise, except in sections 27C, 75F, 75H, 80A, 80B , 80EA , 80EF , 80J and 86 and paragraph 11 of Schedule A1 , means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day and, in relation to any other employee, a week ending with Saturday.
- employee
(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
Defined in s.230(1) · see it in the full Act
Cases considering section 220 4
British Airways Plc v Williams & Ors
Section 220 requires a week’s pay to be calculated under Chapter II for the purposes of the Act. The court held that those purposes did not include fixing airline pilots’ holiday pay. (see para [14])
Bamsey & Ors v Albon Engineering & Manufacturing Plc
The section makes the statutory calculation machinery applicable whenever a week’s pay is calculated for the purposes of the Act. It provides the interpretative connection between sections 221–224 and section 234 (see paras [27]; [29]; [32]).
Toni & Guys (St Paul's) Ltd v Georgiou
Section 220 makes the Chapter II method mandatory for calculating a week’s pay for the basic award. The Tribunal could not substitute a hypothetical earnings figure. (see paras [5]; [11])
What each judgment says about section 220 is in the case-law panel in the full Act.
Amendments and notes
2 notes from legislation.gov.uk
Modifications
- C233Ss. 220-224 applied (with modifications) (4.3.1998) by S.I. 1998/192, reg. 37(1)
- C234Ss. 220-228 applied (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 16(4) (with reg. 21(5))