The parties sought to appeal the method of calculation of the notice period in redundancy calculations affecting part time workers in educational establishments: ‘ The employers contended that since the employees were paid by 12 equal monthly payments a week’s pay should be based on a year of 52 weeks.
The employees pointed out that, although the payments were made by 12 payments they were calculated on the basis of a working year inclusive of holidays of 43 or 44 weeks as the case may be, and it was their view that the week’s pay should be calculated on the basis of the lesser period which would, of course, give them a larger award.’
Held: A reasonably arguable point of law had been raised and it could affect many people. The appeal should be allowed to proceed.
Judges:
Collins J
Citations:
[2001] UKEAT 674 – 00 – 1801
Links:
Cited by:
See Also – Gilbert and others v Barnsley Metropolitan Borough Council EAT 12-Apr-2002
EAT Mr Gilbert was paid for 44 weeks a year, of which 38 weeks were those in which he was required to work. The issue was whether, as the ET had held, ‘a week’s pay’ fell to be calculated by dividing the annual . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 June 2022; Ref: scu.203385
