There are currently no known outstanding effects for The Employment Rights (Northern Ireland) Order 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations (Northern Ireland) 2020, Section 8.

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PART 2Calculation of a week’s pay

No normal working hours8.

(1)

This regulation applies where E’s working hours fell within the description in Article 20(1) of the 1996 Order (no normal working hours for employee under employee’s contract of employment) on the relevant date.

(2)

The amount of a week’s pay is the amount of E’s average weekly remuneration in the relevant period.

(3)

For the purposes of the calculation of E’s average weekly remuneration—

(a)

subject to sub-paragraphs (c) and (d) the “relevant period” means the period of twelve weeks ending—

(i)

where the calculation date is the last day of a week, with that week,

(ii)

otherwise, with the last complete week before the calculation date,

(b)

where E is furloughed for any part of the relevant period, the amount of E’s weekly remuneration attributable to being furloughed is the amount that would have been payable to E in accordance with the Coronavirus Job Retention Scheme if—

(i)

the amount was calculated in relation to E’s reference salary,

(ii)

for that purpose the full amount of E’s reference salary had been used, and

(iii)

the Scheme cap did not apply,

(c)

in relation to any part of the relevant period during which E is not furloughed, no account is to be taken of a week in which no remuneration was payable by the employer to E, and

(d)

where sub-paragraph (c) applies, remuneration in earlier weeks, is to be taken into account so as to bring up to twelve the number of weeks of which account is taken.

(4)

For the purposes of paragraph (3)(b)—

(a)

“reference salary” has the meaning given in the Coronavirus Job Retention Scheme M1, and

(b)

“scheme cap” means the amount of F1—

(i)

£2,500 per month (or the appropriate pro-rata), or

(ii)

£576.92 per week,

as applicable, specified in relation to qualifying costs in the Coronavirus Job Retention Scheme.

(5)

This regulation is subject to regulations 9 and 10.