Section 27BC: Requirements relating to a guaranteed hours offer: supplementary, Employment Rights Act 1996

This section applies where—

a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker's contract, and

during the relevant reference period—

the qualifying worker worked for the employer under more than one worker's contract and did not have the same terms and conditions of employment relating to matters other than working hours and length of employment under those worker's contracts, or

the qualifying worker worked for the employer under only one worker's contract but there was a variation during the relevant reference period of the qualifying worker's terms and conditions of employment relating to matters other than working hours and length of employment.

Where this section applies, the guaranteed hours offer may propose terms and conditions of employment (in addition to what is required by or under section 27BB(1) and (2) or section 27BB(1) and (4)) that, taken as a whole, are less favourable than the most favourable terms and conditions of employment relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, but only if—

those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, and

the proposal of those terms by the employer constitutes a proportionate means of achieving a legitimate aim.

If an employer relies on subsection (2) when making a guaranteed hours offer to a qualifying worker, the employer must give to the qualifying worker a notice that—

states that the employer has done so, and

explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

A notice under subsection (3) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see section 27BB(11)).

Section 27BC: Requirements relating to a guaranteed hours offer: supplementary

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