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, whether in that week remuneration was payable
