Section 19(1)

For the purposes of regulation 18(12)— a week's pay shall be the higher of— the average weekly pay received by the agency worker, in relation to the assignment to which the claim relates, in the relevant period; and the average weekly pay the agency worker should have been receiving by virtue of regulation 5, in relation to the assignment to which the claim relates, in the relevant period; and for the purposes of this paragraph, only payments in respect of basic pay whether by way of annual salary, payments for actual time worked or by reference to output or otherwise shall be taken into account.

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