Commentary on Sections Schedule 27 - Minor and consequential amendments Paragraphs 144 to 146 - Trade Union and Labour Relations Act 1992 (c. 52)
1038.Paragraph 144 amends section 23 of the 1992 Act in order to give a civil partner the same rights as the husband or wife of a trade union member. Section 23 provides for restriction on enforcement of awards against certain property held by trade unions. This includes property comprised in a separate fund maintained for the purpose only of providing provident benefits, including “a payment in discharge or aid of funeral expenses on the death of a member or the wife of a member or a provision for the children of a deceased member”.
1039.Paragraph 145 amends section 241 of the 1992 Act in order to give a civil partner the same protection as the husband or wife of a person. Section 241 relates to intimidation or annoyance in connection with industrial action. It provides that a person commits a criminal offence if, with a view to compelling another person to abstain from doing or to do an act which that person has a legal right to do or abstain from doing, he wrongfully and without legal authority uses violence to or intimidates that person or his wife or children.
1040.Paragraph 146 amends section 292 of the 1992 Act in order to give a surviving civil partner the same rights as widow or widower of a person. Section 292 provides for the continuation of employment tribunal proceedings in the event of the death of an employee or employer by a personal representative. It provides that where there is no personal representative tribunal proceedings may be instituted or continued by such other person as the employment tribunal may appoint, being either, the widower, widow, child, father mother, brother, or sister of the employee.