Where an employer makes a guaranteed hours offer to a qualifying worker and the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), the qualifying worker may, by giving notice to the employer before the end of the response period, accept or reject the offer.
Where the guaranteed hours offer takes the form of an offer to vary the qualifying worker's terms and conditions of employment and the qualifying worker gives notice under subsection (1) accepting the offer, the variation (assuming the worker's contract that was in force when the guaranteed hours offer was made is still in force) is to be treated as taking effect on the day after the day on which notice is given (but this is subject to subsection (6)).
If the guaranteed hours offer takes the form of an offer to vary the qualifying worker's terms and conditions of employment but the worker's contract that was in force when the guaranteed hours offer was made ceases to be in force during the response period—
Where the guaranteed hours offer takes the form of an offer to enter into a new worker's contract and the qualifying worker gives notice under subsection (1) accepting the offer—
But where, by virtue of subsection (4)(b), a new worker's contract replaces another worker's contract of a qualifying worker who is an employee—
A qualifying worker and an employer may agree, for the purposes of subsection (2), (3) or (4), that the variation of the qualifying worker's terms and conditions of employment is to be treated as taking effect, or (as the case may be) the new worker's contract is to be treated as being entered into, on a later day than the day mentioned in the subsection (and, in subsection (4)(b), the reference to "that day" is then to be read as a reference to the later agreed day).
If a qualifying worker to whom a guaranteed hours offer has been made does not give notice under subsection (1) before the end of the response period, the qualifying worker is to be treated as having rejected the offer.
The Secretary of State may by regulations make provision about—
In this section, "the response period" has the same meaning as in section 27BD.
Where—
subsection (1) of this section ceases to apply in relation to the offer when the notice is given.