10.—(1) In any case in which E has not been employed for a sufficient period to enable a calculation to be made under this Part, the amount of a week’s pay is the amount which fairly represents a week’s pay.
(2) In determining that amount, the employment tribunal—
(a)must apply as nearly as may be such of the preceding regulations in this Part as it considers appropriate, and
(b)may have regard to such of the considerations specified in section 228(3) of the Act as it thinks fit.