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Agard v Westminster Kingsway College - Calculation of a "week's pay" includes paid holiday as well as actual time working [2010] EAT

Denominator when calculating a "week's pay" is the weeks for which an employee is paid, which includes both working weeks and paid holiday.

Careers adviser Ms Agard claimed a redundancy payment. An employment tribunal awarded her £1,739.04; she argued that it should have been £1,973.33. The difference was derived from the basis of the calculation for a week's pay. She worked for 40 weeks per year during term time: she had to take her holidays outside of term time. Her salary was £13,155.39.   

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