Paragraph 14 I1

After section 104B insert—

“Guaranteed hours

104BA

(1)

An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a)

accepted, or proposed to accept, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1), or

(b)

rejected, or proposed to reject, an offer from the employer to vary the employee’s terms and conditions of employment or to enter into a new contract of employment made in compliance (or purported compliance) with the duty imposed by section 27BA(1).

(2)

The reference in subsection (1)(b) to an employee who rejected an offer includes a reference to an employee who is to be treated as having rejected an offer (see section 27BE(7)).

(3)

An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—

(a)

brought proceedings against the employer under section 27BG(4), (5) or (7)(b) or 27BY(5), or

(b)

alleged the existence of any circumstance which would constitute a ground for bringing such proceedings (whether or not the employee referred to the possibility of bringing such proceedings).

(In relation to other proceedings under section 27BG, see section 104.)

(4)

It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(5)

An employee who is dismissed is also to be regarded for the purposes of this Part as unfairly dismissed if—

(a)

the duty imposed by section 27BA(1) applies to the employee’s employer in relation to the employee and a particular reference period, or the employer believes that that duty so applies, and

(b)

the reason (or, if more than one, the principal reason) for the dismissal is that the employer sought to avoid the necessity of complying with that duty in relation to the employee and that reference period.

(6)

In this section, “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”