Regulation 9 (6) WTC (EMR) Regs 2002 says that the fast track element may be paid where the claimant:
'has gross earnings which are less than they were before the disability began by at least the greater of 20 per cent and £15 per week'
My client is considering a job paying less than 400 gross per week for 40 hours.
His last job before he was unwell was in 2,000 he did part time work on contracts paid at £17.00 per hour but never worked much more than 10 hours a week, his last permanent job paid about £170 per week.
Is there any mileage in arguing that his gross hourly earnings are at least 20% less than his former hourly earnings?
|