Amendments made: 8, page 3, line 5, leave out

“section 27BW for power to make provision about”

and insert

“Part 1 of Schedule A1 for provision about guaranteed hours and”.

This amendment is consequential on NC32 and NS1.

Amendment 9, page 3, line 30, at end insert—

“(7A) If, during a reference period—

(a) a worker was employed by an employer under one or more worker’s contracts of the type described in subsection (3)(a)(i) and one or more worker’s contracts of the type described in subsection (3)(a)(ii), and

(b) the hours that the worker worked under the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) did not exceed the minimum number of hours,

the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) are to be disregarded in the application of this Chapter (other than this subsection) in relation to the worker and the reference period (and accordingly that worker’s contract, or those worker’s contracts, are to be treated as not existing).”

This amendment deals with the possibility of a worker being employed by an employer during a reference period under a zero hours contract or zero hours arrangement and under another type of contract where the requirement on the employer to make work available is limited to a number of hours not exceeding a number specified in regulations.

Amendment 10, page 4, line 8, leave out

“make work available to the qualifying worker”

and insert

“provide the qualifying worker with work, and the qualifying worker to do work,”

This amendment confirms that the number of hours in a guaranteed hours offer are hours that the employer will be required to provide and the qualifying worker will be required to work.

Amendment 11, page 4, line 18, leave out from “the” to “or” in line 20 and insert “offered number of hours are to be provided and worked,”.

This amendment is consequential on amendment 10.

Amendment 12, page 4, line 22, leave out from “the” to “and” in line 24 and insert “offered number of hours are to be provided and worked,”.

This amendment is consequential on amendment 10.

Amendment 13, page 4, line 27, at end insert—

“(3A) Where no regulations are in force under subsection (2) that apply in relation to an offer by an employer to a qualifying worker, the offer is a guaranteed hours offer for the purposes of this Chapter only if it also proposes terms and conditions relating to when the offered number of hours are to be provided and worked (which need not be on particular days of the week, or at particular times on those days, or by reference to a particular working pattern of days or times of day).”

This amendment caters for the scenario where there are no regulations in force under proposed section 27BB(2) of the Employment Rights Act 1996 or none that apply to the offer in question. In this scenario, a guaranteed hours offer will still have to propose terms and conditions relating to when the worker will work the guaranteed hours even though it will not have to set out particular days and times, or a particular working pattern.

Amendment 14, page 4, line 32, leave out “, whether an” and insert

“that apply in relation to an offer, whether the”.

This amendment makes a minor drafting change because regulations under proposed section 27BB(2) of the Employment Rights Act 1996 may make provision subject to exceptions (see proposed section 27BX of that Act inserted by clause 4).

Amendment 15, page 4, line 42, at end insert “, and

(c) the qualifying worker did not work for the employer under any other worker’s contract during the period beginning with the first day of the relevant reference period and ending with the day the offer is made.”

This amendment adds a further condition that must be satisfied if a guaranteed hours offer is to take the form of an offer to vary a worker’s terms and conditions of employment as opposed to an offer to enter into a new worker’s contract.

Amendment 16, page 5, line 10, after “(2)” insert

“or subsections (1) and (3A)”.

This amendment is consequential on amendment 13.

Amendment 17, page 5, line 17, after “(2)” insert

“or subsections (1) and (3A)”.

This amendment is consequential on amendment 13.

Amendment 18, page 6, line 27, after “(2)” insert

“or section 27BB(1) and (3A)”.

This amendment is consequential on amendment 13.

Amendment 19, page 11, line 26, at end insert—

“( ) Where—

(a) an employer is permitted by section 27BUD(3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and

(b) the employer withdraws the offer by giving notice under that section, subsection (1) of this section ceases to apply in relation to the offer when the notice is given.”

This amendment clarifies that where an offer is withdrawn as a result of the duty to make the offer being excluded by terms of a collective agreement that are incorporated into a worker’s contract the worker cannot accept the offer.

Amendment 20, page 12, line 39, leave out from beginning to end of line 2 on page 13 and insert—

“(i) where regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3) of that section (read with any regulations in force under subsection (4)(a) or (b) of that section), or

(ii) where no regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3A) of that section (read with any regulations in force under subsection (4)(a) of that section).”

This amendment is consequential on amendment 13. It also makes a minor drafting change (see the explanatory statement for amendment 14).

Amendment 21, page 13, line 13, at end insert—

“(3A) A worker may present a complaint to an employment tribunal that—

(a) the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b) the guaranteed hours offer that the employer has made to the worker in relation to that reference period is on terms requiring the employer to provide, and the worker to do, less work than would have been the case if the employer had not, during that reference period—

(i) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(ii) decided to make work available to the worker in the way that the employer did, for the sole or main purpose of being able to comply with the duty by making such a reduced offer.

(3B) A worker may present a complaint to an employment tribunal that the duty imposed by section 27BA(1) would have applied to the worker’s employer in relation to the worker and a particular reference period if the employer had not, during that reference period—

(a) limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(b) decided to make work available to the worker in the way that the employer did, for the sole or main purpose of preventing the worker from satisfying, in relation to that reference period, one or more of the conditions in section 27BA(3)(b) to (d).”

This amendment adds additional grounds of complaint to the ones listed in proposed section 27BG of the Employment Rights Act 1996 to cater for cases where an employer has sought to manipulate or avoid their obligations to make a guaranteed hours offer.

Amendment 22, page 13, line 14, leave out “or (3)” and insert “, (3) or (3A)”.

This amendment is consequential on amendment 21.

Amendment 23, page 13, line 17, leave out from “is” to end of line 19 and insert “—

(i) treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6) , or

(ii) withdrawn in accordance with section 27BUD(3) (withdrawal of offer following incorporation of terms of collective agreement).”

This amendment is consequential on NC33.

Amendment 24, page 14, line 6, after “27BG(3)” insert “or (3A)”.

This amendment is consequential on amendment 21. It has the effect of providing for a six month time limit (from the making of the guaranteed hours offer) to apply in relation to complaints under the subsection (3A) inserted by that amendment.

Amendment 25, page 14, line 8, at end insert—

“(3A) An employment tribunal must not consider a complaint under section 27BG(3B) unless it is presented before the end of the period of six months beginning with the day after what would have been the last day of the offer period (as defined in section 27BG(7)) if the duty imposed by section 27BA(1) had applied.”

This amendment is consequential on amendment 21.

Amendment 26, page 15, line 8, leave out from “is” to end of line 10 and insert “—

(a) where the complaint is under section 27BG(1), (2), (3), (5) or (6), such number of weeks’ pay as the Secretary of State may specify in regulations;

(b) where the complaint is under section 27BG(3A) or (3B), such amount as the Secretary of State may specify in regulations.”—(Justin Madders.)

This amendment is consequential on amendment 21.