The National Minimum Wage Regulations 2015

CHAPTER 5 U.K. Unmeasured work

The meaning of unmeasured work U.K.

44.  Unmeasured work is any other work that is not time work, salaried hours work or output work.

Commencement Information

I1 Reg. 44 in force at 6.4.2015, see reg. 1

Determining hours of unmeasured work in a pay reference period U.K.

45.  The hours of unmeasured work in a pay reference period are the total number of hours—

(a) which are worked (or treated as hours of unmeasured work in accordance with regulations 46 and 47) by the worker in that period; or

(b) which the worker is treated as working under a daily average agreement in that period, as determined in accordance with regulation 50.

Commencement Information

I2 Reg. 45 in force at 6.4.2015, see reg. 1

Training treated as hours of unmeasured work U.K.

46.  The hours when a worker is training, where the worker would otherwise be doing unmeasured work, are to be treated as hours of unmeasured work.

Commencement Information

I3 Reg. 46 in force at 6.4.2015, see reg. 1

Travelling treated as hours of unmeasured work U.K.

47.  The hours when a worker is travelling for the purposes of unmeasured work are to be treated as hours of unmeasured work.

Commencement Information

I4 Reg. 47 in force at 6.4.2015, see reg. 1

Industrial action not to be unmeasured work U.K.

48.  The hours when a worker takes part in industrial action are not to be treated as hours of unmeasured work.

Commencement Information

I5 Reg. 48 in force at 6.4.2015, see reg. 1

The daily average agreement U.K.

49.—(1) A “daily average agreement” is an agreement between a worker and employer—

(a) which specifies the average daily number of hours the worker is likely to spend working where the worker is available to work for the full amount of time contemplated by the contract, and

(b) is made in writing before the beginning of the pay reference period to which it relates.

(2) The requirement in paragraph (1)(a) is not satisfied unless the employer can show that the average daily number of hours specified is a reasonable estimate.

(3) Unless the worker and employer agree otherwise, the daily average agreement has effect solely for the purpose of determining the amount of unmeasured work the worker is to be treated as having worked for the purposes of these Regulations.

Commencement Information

I6 Reg. 49 in force at 6.4.2015, see reg. 1

Determining the hours treated as worked under a daily average agreement U.K.

50.  The hours treated as worked under a daily average agreement for each day on which the worker worked in the pay reference period are—

(a) where the worker was available to work for at least the full amount of time contemplated under the contract, the average daily number of hours specified in the daily average agreement;

(b) where the worker was available to work for only part of the time contemplated by the contract, the proportion of the average daily number of hours specified in the daily average agreement which that part bears to the full amount of time contemplated under the contract.

Commencement Information

I7 Reg. 50 in force at 6.4.2015, see reg. 1