Section 16(3)

The provisions referred to in paragraph (2) shall apply— as if references to the employee were references to the worker; as if references to the employee’s contract of employment were references to the worker’s contract; as if the calculation date were the first day of the period of leave in question; ... as if the references to sections 227 and 228 did not apply; as if, in the case of entitlement under regulations 13 and 15B, sections 223(3) and 234 did not apply; subject to the exception in sub-paragraph (f)(ii), as if in sections 221(3), 222(3) and (4), 223(2) and 224(2) and (3) references to twelve were references to— in the case of a worker who on the calculation date has been employed by their employer for less than 52 complete weeks, the number of complete weeks for which the worker has been employed, or in any other case, 52; and in any case where section 223(2) or 224(3) applies as if— account were not to be taken of remuneration in weeks preceding the period of 104 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; and the period of weeks required for the purposes of sections 221(3), 222(3) and (4) and 224(2) was the number of weeks of which account is taken.

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