Amendments made: 27, page 15, line 39, at end insert—

“and the shift is to be worked under the contract referred to in paragraph (a) or (b).”

This amendment clarifies that a shift of which reasonable notice must be given under proposed new section 27BJ(1) of the Employment Rights Act 1996 is one that is to be worked under a contract referred to in that provision.

Amendment 28, page 16, leave out lines 9 to 12 and insert—

“(c) the shift is to be worked under that contract but no part of it corresponds to the time of a shift provided for by the contract as described in paragraph (b).”

Proposed new section 27BJ(2) of the Employment Rights Act 1996 is about employers giving reasonable notice of shifts to workers who have contracts of a specified description that guarantee some work and provide when some or all of that work will be done. This amendment limits the notice requirement to shifts that are to happen at times that do not overlap with the times provided for by the contract. But see also amendment 29.

Amendment 29, page 16, line 30, at end insert—

“(5A) Where—

(a) the conditions in subsection (2)(a) and (b) are met in relation to a worker and a worker’s contract,

(b) the worker is to work (or is working) a shift under that contract all or part of which corresponds to the time of a shift (a “guaranteed shift”) provided for by the contract as described in subsection (2)(b),

(c) the employer requests or requires the worker to start earlier, or end later, than is provided for by the contract (as described in subsection (2)(b)) in relation to the guaranteed shift, and

(d) the earlier start or later end is to result in an additional number of hours being worked above the number of hours to be worked in the guaranteed shift, the additional hours are to be treated for the purposes of this Chapter as a separate shift (and accordingly as one that meets the condition in subsection (2)(c)).”

This amendment will produce the result that workers who have contracts of a specified description that guarantee some work and provide when some or all of that work will be done will be entitled to reasonable notice of extensions of their guaranteed shifts.

Amendment 30, page 17, line 35, leave out from “see” to end of line 36 and insert

“Part 2 of Schedule A1 for provision about rights of agency workers to reasonable notice in relation to shifts).”

This amendment is consequential on NC32 and NS1.

Amendment 31, page 17, line 37, leave out “, or a longer shift,”.

This amendment is consequential on amendments 29 and 33.

Amendment 32, page 17, line 41, leave out from “applies” to end of line 42 and insert

“(even though the conditions in section 27BK(1) have not been met).”

This amendment clarifies the effect of proposed section 27BL(2) of the Employment Rights Act 1996.

Amendment 33, page 17, line 42, at end insert—

“(2A) Section 27BJ(5A) applies for the purposes of subsection (2) of this section as if section 27BJ(5A)(c) referred to what the worker suggests rather than what the employer requests or requires.”

This amendment is consequential on amendment 29.

Amendment 34, page 18, line 2, after “request” insert “(a “multi-worker request”)”

This amendment is consequential on amendment 35.

Amendment 35, page 18, line 5, at end insert—

“(3A) For the purposes of section 27BK, where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift include the worker not being needed to work the shift because one or more others have agreed to work it.”

This amendment clarifies how the provision in proposed section 27BK of the Employment Rights Act 1996 about cancellation of a shift is to operate where the request to work the shift was made to more workers than were needed to work it.

Amendment 36, page 18, leave out lines 6 to 17.—(Justin Madders.)

This amendment removes proposed section 27BL(4) of the Employment Rights Act 1996 from the Bill. This provision is no longer considered necessary; where appropriate, a request will in any event be treated as a request to work a new shift.