Section 27BS Contractual remunerationF1

(1)

The right of a worker to receive a payment from an employer under section 27BP(1) does not affect any right of the worker in relation to remuneration under a worker’s contract entered into between the worker and the employer (“contractual remuneration”).

(2)

Any contractual remuneration paid to a worker by an employer in relation to a number of hours goes towards discharging any liability of the employer to make a payment to the worker under section 27BP(1) in relation to the same hours.

(3)

Any payment made by an employer to a worker under section 27BP(1) in relation to a number of hours goes towards discharging any liability of the employer to pay contractual remuneration to the worker in relation to the same hours.

(4)

For the purposes of subsections (2) and (3), the hours to which a payment under section 27BP(1) relates are—

(a)

where a shift has been cancelled, the hours that would have been worked if the shift had not been cancelled;

(b)

where a shift has been moved, or moved and curtailed (at the same time), and no part of the shift as moved, or as moved and curtailed, corresponds to the time of the shift (“the original shift”) before it was moved, or moved and curtailed, the hours that would have been worked during the original shift;

(c)

where a shift has been moved, or moved and curtailed (at the same time), and part of the shift as moved, or as moved and curtailed, corresponds to the time of the original shift (but part does not), the hours that would have been worked during the part of the original shift that does not correspond to the shift as moved, or as moved and curtailed;

(d)

where a shift has been—

(i)

curtailed but not moved, or

(ii)

moved and curtailed (at the same time) and the shift as moved and curtailed is to start and end within the time of the original shift,

the hours that would have been worked if the shift had not been curtailed, or moved and curtailed.

Annotations

Textual amendments

F1: Pt. 2A Ch. 4 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 3, 159(3); S.I. 2026/3, reg. 2(2)(c)

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part 2A

Textual amendments

F1: Pt. 2A (ss. 27A, 27B) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 153(2), 164(1) (with s. 153(2)); S.I. 2015/1329, reg. 2(g)
F2: Words in Pt. 2A heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 1(2), 159(3); S.I. 2026/3, reg. 2(2)(a)