Section 226: Rights on termination.

Employment Rights Act 1996 · 1996 c. 18View on legislation.gov.uk

Part XIV: Interpretation — Chapter II: A week's pay

Where the calculation is for the purposes of section 88 or 89, the calculation date is the day immediately preceding the first day of the period of notice required by section 86(1) or (2).

Where the calculation is for the purposes of section 93, 117 or 125, the calculation date is—

if the dismissal was with notice, the date on which the employer's notice was given, and
otherwise, the effective date of termination.

Where the calculation is for the purposes of section 112, 119, 120 , 121 or 124 , the calculation date is—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if by virtue of subsection (2) or (4) of section 97 a date later than the effective date of termination as defined in subsection (1) of that section is to be treated for certain purposes as the effective date of termination, the effective date of termination as so defined, and
otherwise, the date specified in subsection (6).

Where the calculation is for the purposes of section 147(2), the calculation date is the day immediately preceding the first of the four, or six, weeks referred to in section 148(2).

Where the calculation is for the purposes of section 162, the calculation date is—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if by virtue of subsection (5) of section 145 a date is to be treated for certain purposes as the relevant date which is later than the relevant date as defined by the previous provisions of that section, the relevant date as so defined, and
otherwise, the date specified in subsection (6).

The date referred to in subsections (3)(c) and (5)(c) is the date on which notice would have been given had—

the contract been terminable by notice and been terminated by the employer giving such notice as is required by section 86 to terminate the contract, and
the notice expired on the effective date of termination, or the relevant date,

(whether or not those conditions were in fact fulfilled).

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