Section 59(4)

The average hourly earnings mentioned in subsection (3) are— those of the employee concerned, or if no fair estimate can be made of those earnings, the average hourly earnings for work of that description of persons in comparable employment with the same employer or, if there are no such persons, a figure of average hourly earnings which is reasonable in the circumstances.

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