Calculating pay

The regulations require the employer to calculate payment based on a week’s pay divided by the number of hours reps work in a week. However, where hours or earnings vary from week to week the rate is calculated by:

• the total number of hours worked in a 12-week period divided by 12; or

• where the employee has not worked for 12 weeks, then a number “which fairly represents the number of normal working hours in the week” is used, taking account of the hours the employee could have been expected to work or the average number of normal working hours of comparable employees.