Section 27BW Zero hours workers, etcF1

(1)

This section applies in relation to—

(a)

a duty imposed on an employer in respect of a worker, and

(b)

a right conferred on a worker in respect of an employer,

by or under any provision of Chapter 2, 3 or 4.

(2)

The duty or right is excluded if—

(a)

the worker is employed by the employer under a worker’s contract (“the contract”),

(b)

a relevant collective agreement contains—

(i)

terms that expressly exclude the duty or right, and

(ii)

terms that expressly replace the excluded duty or right,

(c)

the terms within paragraph (b)(ii) are incorporated into the contract, and

(d)

the employer notifies the worker in writing of the incorporation and effect of those terms.

(3)

A relevant collective agreement is a collective agreement that is—

(a)

in writing, and

(b)

made by or on behalf of—

(i)

one or more trade unions which each have a certificate of independence, and

(ii)

the worker’s employer.

Annotations

F1: Pt. 2A Ch. 6 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 5(2), 159(3); S.I. 2026/3, reg. 2(2)(e)

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)

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)