Section 221(3)

Subject to section 222, if the employee’s remuneration for employment in normal working hours (whether by the hour or week or other period) does vary with the amount of work done in the period, the amount of a week’s pay is the amount of remuneration for the number of normal working hours in a week calculated at the average hourly rate of remuneration payable by the employer to the employee in respect of the period of twelve weeks ending— where the calculation date is the last day of a week, with that week, and otherwise, with the last complete week before the calculation date.

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Source: legislation.gov.uk · retrieved 2026-09-04