Paragraph 43 I1

England and Wales

Expenditure on making payments to, or in providing a temporary replacement for, any person who is—

(a)

carrying out trade union duties or undergoing training under sections 168 and 168A of the Trade Union and Labour Relations (Consolidation) Act 1992^f1;

(b)

taking part in trade union activities under section 170 of the Trade Union and Labour Relations (Consolidation) Act 1992;

(c)

performing public duties under section 50 of the Employment Rights Act 1996^f2;

(d)

undertaking jury service;

(e)

a safety representative under the Safety Representatives and Safety Committees Regulations 1977^f3;

(f)

a representative of employee safety under the Health and Safety (Consultation with Employees) Regulations 1996^f4;

(g)

an employee representative for the purposes of Chapter 2 of Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992, as defined in section 196 of that Act^f5 or regulation 13(3) of the Transfer of Undertakings (Protection of Employment) Regulations 2006^f6;

(h)

taking time off for ante-natal care under section 55 of the Employment Rights Act 1996;

(i)

undertaking duties as a member of the reserve forces as defined in section 1(2) of the Reserve Forces Act 1996^f7;

(j)

suspended from working at a school; or

(k)

appointed as a learning representative of a trade union, in order for that person to analyse training requirements or to provide or promote training opportunities, and to carry out consultative or preparatory work in connection with such functions.

Annotations

Commencement

I1: Sch. 2 para. 43 in force at 11.2.2026, see reg. 1(2)

Footnotes

f1: 1992 c. 52; section 168 was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and S.I. 1999/1925 and 2006/246. Section 168A was inserted by section 43 of the Employment Act 2002 (c. 22).
f2: 1996 c. 18. Section 50 was amended by section 34 of, and paragraph 100 of Schedule 4 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), section 174(2) of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15), section 2 of, and paragraph 179 of Schedule 1 to, the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 52 of, and paragraph 31 of Schedule 14 and Part 1(B) of Schedule 15 to, the Police and Justice Act 2006 (c. 48), section 39 of, and paragraph 8 of Schedule 3 to, the Offender Management Act 2007 (c. 21), section 99 of, and paragraph 219 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), section 11(1) of, and paragraph 24 of Schedule 2 to, the 2011 Act, sections 55(2), 249 and 277 of, and paragraphs 74 of Schedule 5, 6(2) of Schedule 17 and 6(2) of Schedule 19 to, the Health and Social Care Act 2012 (c. 7), sections 1(2), 32 and 134 of, and paragraphs 1(1) of Schedule 1, 48 of Schedule 4 and 6(3) of Schedule 15 to, the Health and Care Act 2022 (c. 31), and by S.I. 2000/90 and 2463, 2001/2237, 2007/961 and 1837, 2010/1080 and 1158, 2011/2581, 2018/665 and 2023/98.
f3: S.I. 1977/500, amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and S.I. 1992/2051, 1996/1513, 1999/860, 1999/2024, 1999/3242, 2005/1541, 2006/594, 2008/960, 2013/1471, 2014/431, 2014/469 and 2016/562.
f4: S.I. 1996/1513, amended by section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and S.I. 1997/1840, 1999/3242, 2005/1541, 2013/1471 and 2014/431.
f5: Section 196 was substituted by S.I. 1995/2587 and amended by S.I. 1999/1925.
f6: S.I. 2006/246. Regulation 13 was amended by S.I. 2010/93 and 2014/16.
f7: 1996 c. 14. Section 1(2) was amended by section 44(3) of the Defence Reform Act 2014 (c. 20).