PART 5Hours Worked for the Purposes of the National Minimum Wage
CHAPTER 5Unmeasured work
The daily average agreement49.
(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.