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Regulation 2(1) (“relevant undertaking”)

SCHEDULE 1Qualifying conditions

1.  The qualifying conditions are met by an undertaking if it satisfies both of the following requirements—

(a)its annual turnover is not more than £25.9 million;

(b)the number of its employees and any partners is not more than 250 on the date provided for in paragraph 4.

2.  For the purposes of paragraph 1, the annual turnover of an undertaking is—

(a)the undertaking’s turnover for the 12 months immediately preceding the date provided for in paragraph 4; or

(b)where that undertaking was established for a period of less than 12 months before that date, the undertaking’s turnover for that period increased proportionately to provide a figure for a period of 12 months.

3.  In this Schedule “turnover” has the meaning given in section 474(1) of the Companies Act 2006(1) with the modification that for “company” there is substituted “undertaking”.

4.  The date is—

(a)for the purposes of a claim under regulation 3, the first day falling on or after the relevant date on which the reservist in respect of whom the claim is made is an employee of the employer making the claim; and

(b)for the purposes of a claim under regulation 4, the first day falling on or after the relevant date on which the reservist in respect of whom the claim is made is carrying on business in partnership with the partner making the claim.

(1)

2006 c. 46, to which there are amendments not relevant to these Regulations.