Amendments made: 37, page 20, leave out lines 28 to 40 and insert—

“(3) A shift is also a “qualifying shift”, in relation to a worker and an employer, if—

(a) it would be (or would have been) worked, or is being worked, by the worker for the employer under a worker’s contract of a specified description,

(b) the contract provides on what days and at what times, or in accordance with what pattern of days and times, that work, or some of that work, is to be done by the worker, and

(c) no part of the shift corresponds to the time of a shift provided for by the contract as described in paragraph (b).

(4) Where—

(a) the conditions in subsection (3)(a) and (b) are met in relation to a shift,

(b) all or part of the shift corresponds to the time of a shift (a “guaranteed shift”) provided for by the contract as described in subsection (3)(b),

(c) the employer requests or requires, or the worker suggests, that the worker starts earlier, or ends later, than is provided for by the contract (as described in subsection (3)(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 a “qualifying shift”).”

This amendment is the equivalent for clause 3 of amendments 28, 29 and 33 to clause 2.

Amendment 38, page 21, leave out lines 41 to 44 and insert—

“(10) In this Chapter, references to a request to work a shift made by an employer to a worker include a request (a “multi-worker request”) made by the employer to the worker and one or more others in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.”

This amendment is partly consequential on amendments 39 and 41. It is also being made for reasons of consistency with the equivalent provision in clause 2.

Amendment 39, page 21, line 44, at end insert—

“(11) For the purposes of this Chapter, where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift (however expressed) 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 27BP 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 40, page 23, line 7, leave out from “see” to end of line 8 and insert “Part 3 of Schedule A1 for provision about rights of agency workers to payment for cancelled, moved and curtailed shifts);”.

This amendment is consequential on NC32 and NS1.

Amendment 41, page 23, line 8, at end insert—

“(aa) 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;”

This amendment produces the result that, in cases within proposed section 27BP(1)(b) of the Employment Rights Act 1996, a worker will not be entitled to a payment for a short notice cancellation, movement or curtailment of a shift unless at some point prior to that they reasonably believed they would be needed to work the shift.

Amendment 42, page 23, line 14, leave out from “regulations” to “the” in line 15 and insert

“has produced the effect that the employer is not required to make”.

This amendment makes a drafting change to proposed section 27BR(2)(a) of the Employment Rights Act 1996 for reasons of consistency.

Amendment 43, page 23, leave out lines 19 and 20 and insert—

“(a) 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);”.

This amendment has the effect that personal data may be included in a notice given by an employer under proposed section 27BR(2) of the Employment Rights Act 1996 but only in so far as the disclosure of the information would not contravene data protection legislation.

Amendment 44, page 23, line 24, at end insert—

“(3A) 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).”

This amendment is consequential on amendment 43.

Amendment 45, page 25, line 2, leave out “is inadequate or untrue” and insert “—

(i) does not refer to any provision of the regulations;

(ii) does not contain an explanation or contains an explanation that is inadequate or untrue.”

This amendment sets out what a worker can present a complaint about in relation to a notice under proposed section 27BR(2) of the Employment Rights Act 1996.

Amendment 46, page 25, leave out lines 25 to 29.—(Justin Madders.)

This amendment removes proposed section 27BT(7) of the Employment Rights Act 1996 from the Bill. This provision is no longer considered necessary and, depending on how the power in proposed section 27BR(1)(b) was exercised, it might not have produced an appropriate outcome in some cases.