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

Meaning of “ordinary pay”E+W+S

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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.