Section 27BR(6)

The duty in subsection (2) is to be taken not to have applied if— the employer pays to the worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the employer would have been required to make to the worker under section 27BP(1) in relation to the same number of hours but for regulations made under subsection (1)(c), and the payment is made on or before the day on which the payment under section 27BP(1) would have had to be made if the employer had been required to make it.

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