header-logo header-logo

Employment

22 January 2009
Issue: 7353 / Categories: Case law , Practice areas , Law digest , Employment
printer mail-detail

Law Alderson v Wings Aeromedical Services Ltd [2009] All ER (D) 11 (Jan)

When calculating “a week’s pay” for the purposes of assessing compensation for unfair dismissal in the case of an employee who does not have normal working hours under his contract of employment, the tribunal should ascertain the average weekly pay in the period of 12 weeks ending with the week in which the contract of employment terminated or, if that date was not the last day of the week, the last complete week before it.

 

If, in that 12-week period, there are any weeks in which no remuneration was payable, any such week must be disregarded and the tribunal must look at earlier weeks in which remuneration was payable so as to bring up to 12 the number of weeks from which the average is calculated.

 

The tribunal should not consider the reasons why, in any week, no remuneration was payable. The tribunal has to decide only, in respect of each week which might be included in the 12 weeks,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll