The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

Meaning of “ordinary pay” E+W+S

3.—(1) In this Schedule, “ ordinary pay” means (subject to sub-paragraph (2))—

(a) basic pay;

(b) allowances;

(c) pay for piecework;

(d) pay for leave; and

(e) shift premium pay.

(2) “Ordinary pay” does not include—

(a) remuneration referable to overtime;

(b) remuneration referable to redundancy or termination of employment;

(c) remuneration in lieu of leave; or

(d) remuneration provided otherwise than in money.

(3) In sub-paragraph (1)—

(a) “allowances” includes any sum paid with respect to—

(i) any duty of the employee, such as a duty in connection with the role of fire or bomb warden, that is ancillary to the main duties of the employee's employment;

(ii) the location of the employment in a particular area;

(iii) the purchase, lease or maintenance of a vehicle;

(iv) the recruitment and retention of an employee; or

(v) the purchase, lease or maintenance of an item;

but excludes any payment to reimburse expenditure wholly and necessarily incurred by the employee in the course of his or her employment;

(b) “shift premium pay” means the difference between basic pay and any higher rate paid by the public authority for work during different times of the day or night.