Section 27BR: Exceptions to duty to make payment for a cancelled, moved or curtailed shift, Employment Rights Act 1996

The requirement to make a payment under section 27BP(1) does not apply—

in relation to a shift that would be (or would have been) worked, or is being worked, by a worker as an agency worker (but see Part 3 of Schedule A1 for provision about rights of agency workers to payment for cancelled, moved and curtailed shifts);

in relation to the cancellation, movement or curtailment of a shift that an employer has requested a worker to work, unless the worker reasonably believed, whether on agreeing to work the shift or at some later time before the cancellation, movement or curtailment, that they would be needed to work the shift;

in other specified circumstances.

Where, by virtue of regulations made under subsection (1)(c), an employer is not required to make a payment to a worker in relation to a shift under section 27BP(1), the employer must give a notice to the worker that—

states which provision of the regulations has produced the effect that the employer is not required to make the payment, and

explains why the employer was entitled to rely on that provision.

But subsection (2)(b) does not require an employer to disclose—

any information the disclosure of which by the employer would contravene the data protection legislation (but in determining whether a disclosure would do so, the duty imposed by that subsection is to be taken into account);

any information that is commercially sensitive;

any information the disclosure of which by the employer would constitute a breach of a duty of confidentiality owed by the employer to any other person.

In subsection (3)(a) "the data protection legislation" has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).

The Secretary of State may by regulations make provision about—

the form and manner in which a notice under this section must be given;

the day on or before which it must be given;

when a notice under this section is to be treated as having been given.

The duty in subsection (2) is to be taken not to have applied if—

the employer pays to the worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the employer would have been required to make to the worker under section 27BP(1) in relation to the same number of hours but for regulations made under subsection (1)(c), and

the payment is made on or before the day on which the payment under section 27BP(1) would have had to be made if the employer had been required to make it.

Subsection (4) of section 27BS applies for the purposes of subsection (6) of this section as it applies for the purposes of subsections (2) and (3) of that section.

Section 27BR: Exceptions to duty to make payment for a cancelled, moved or curtailed shift

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