that is a reference period in relation to that worker and that employer, and

in relation to which the worker is a qualifying worker of the employer.

during the reference period the worker worked under the worker’s contract or the worker’s contracts (taken together) for a number of hours (the “reference period hours”),

where paragraph (a)(ii) applies, the reference period hours exceeded the minimum number of hours,

the reference period hours satisfy such conditions (or, where paragraph (a)(ii) applies, such further conditions) as to number, regularity or otherwise as are specified, and

when the worker worked the reference period hours, it was not as an excluded worker or an agency worker (but see Part 1 of Schedule A1 for provision about guaranteed hours and agency workers).

the initial reference period, and

each subsequent reference period.

ending with the specified day.

references to a “qualifying worker” are to a worker who is a qualifying worker of an employer in relation to a reference period by virtue of subsection (3), and

the reference period in relation to which the worker is a qualifying worker of the employer is referred to as “the relevant reference period”.

a worker was employed by an employer under one or more worker’s contracts of the type described in subsection (3)(a)(i) and one or more worker’s contracts of the type described in subsection (3)(a)(ii), and

the hours that the worker worked under the worker’s contract, or the worker’s contracts, that are of the type described in subsection (3)(a)(ii) did not exceed the minimum number of hours,

a worker’s contract or arrangement requires an employer to make work available to a worker for a number of hours, and

some or all of those hours may be made available either on days falling within a reference period or on days falling within another period (all of the days on which the hours may be so made available together forming the “longer period”).

subsection (3)(a)(ii) is to apply as if the contract or arrangement required the employer to make work available to the worker during the reference period for the apportioned number of the unassigned hours (in addition to any other hours that the employer is required to make available to the worker during the reference period);

“the apportioned number” of the unassigned hours is—

where—

to vary the worker’s terms and conditions of employment (but see subsection (6)), or

to enter into a new worker’s contract,

those days and times reflect, or that pattern reflects, when the qualifying worker worked the reference period hours in the relevant reference period.

whether an offer reflects the number of hours worked by a qualifying worker during a reference period;

where regulations are in force under subsection (2) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying worker during a reference period.

the qualifying worker worked for the employer under a worker’s contract at the beginning of the relevant reference period,

the qualifying worker is still working for the employer under that worker’s contract on the day the offer is made, and

the qualifying worker did not work for the employer under any other worker’s contract during the period beginning with the first day of the relevant reference period and ending with the day the offer is made.

must propose the removal of any term that provides for the contract to terminate by virtue of a limiting event unless, if the contract were entered into on the day the offer is made, it would be reasonable for it to be entered into as a limited-term contract;

may not propose any other variation of the worker’s terms and conditions of employment (other than what is required by or under subsections (1) and (2) or subsections (1) and (4)).

must not propose a new worker’s contract that is a limited-term contract unless it is reasonable for it to be entered into as such a contract, and

it is reasonable for the qualifying worker’s employer to consider that the worker is only needed to perform a specific task and the contract provides for termination when the task has been performed,

it is reasonable for the qualifying worker’s employer to consider that the worker is only needed until the occurrence of an event (or the failure of an event to occur) and the contract provides for termination on the occurrence of the event (or the failure of the event to occur), or

it is reasonable for the qualifying worker’s employer to consider that there is only a temporary need of a specified description (not falling within paragraph (a) or (b)) for the qualifying worker to do work under the contract and the contract is to expire at a time when it is reasonable for the employer to consider that the temporary need will come to an end.

must be made by no later than the specified day,

must be made in the specified form and manner, and

must be accompanied by specified information relating to the offer.

a guaranteed hours offer made by an employer to a qualifying worker takes the form of an offer to enter into a new worker’s contract, and

those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment that the qualifying worker had when working for the employer during the relevant reference period, and

the proposal of those terms by the employer constitutes a proportionate means of achieving a legitimate aim.

states that the employer has done so, and

explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.

the worker’s contract under which the qualifying worker has been working for the employer, or

the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

the worker’s contract under which the qualifying worker has been working for the employer, or

the arrangement in accordance with the terms of which the qualifying worker has been working for the employer.

the relevant reference period,

the offer period, or

the response period,

the qualifying worker terminates (with or without notice) the worker’s contract otherwise than in circumstances in which the worker is entitled to terminate it without notice by reason of the employer’s conduct,

the worker’s contract terminates by virtue of a limiting event and it was reasonable for the contract to have been entered into as a limited-term contract.

the qualifying worker or the employer terminates the arrangement and the termination is equivalent to a termination falling within subsection (4)(a) or (b), or

the arrangement was not intended to be permanent and the termination of it is equivalent to a termination falling within subsection (4)(c).

the benefit to workers of receiving a guaranteed hours offer under this Chapter, and

the desirability of preventing this Chapter from having a significant adverse effect on employers who are dealing with exceptional circumstances.

an employer who would otherwise have been subject to the duty imposed by section 27BA(1) in relation to a qualifying worker and a particular reference period is not required to make a guaranteed hours offer to the qualifying worker, or

a guaranteed hours offer made by an employer to a qualifying worker is treated as having been withdrawn,

where it is required to be given by virtue of paragraph (a) of that subsection, by no later than the end of the offer period;

where it is required to be given by virtue of paragraph (b) of that subsection, by no later than the end of the response period.

the form and manner in which a notice under subsection (8) or (9) must be given;

when a notice under subsection (8) or (9) is to be treated as having been given.

subsection (9) of section 27BB (when it is reasonable for a worker’s contract to be entered into as a limited-term contract) applies as it applies for the purposes of that section;

the qualifying worker may (if the offer is not treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6)) still give notice under subsection (1) accepting the offer, and

the qualifying worker and the employer are to be treated as entering into a worker’s contract in the terms of the offer on the day after the day on which notice is given (but this is subject to subsection (6)), and

that worker’s contract is to be treated as replacing any other worker’s contract entered into between the qualifying worker and the employer that is in force on that day.

that is not to be treated for the purposes of this Act as breaking the continuity of a period of employment of the qualifying worker;

the worker’s contract that is replaced is not to be treated for the purposes of Part 10 as having terminated.

the form and manner in which notice under subsection (1) must be given by a qualifying worker to an employer;

when notice given by a qualifying worker to an employer under subsection (1) is to be treated as having been given.

an employer is permitted by section 27BY(3) to withdraw a guaranteed hours offer (withdrawal of offer following incorporation of terms of collective agreement), and

the employer withdraws the offer by giving notice under that section,

who has a worker’s contract or an arrangement with a work-finding agency by virtue of which the individual is (or is to be) supplied to work for and under the supervision and direction of another person,

who does not do (or is not to do) the work under a worker’s contract with the other person, and

who is not (or is not to be) a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

references to an agency worker include, where the context requires, a former agency worker, and

where that is the case, references in relation to the agency worker to a work-finding agency, and references (however expressed) to a person for and under the supervision and direction of whom the agency worker works, are to be read accordingly.

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

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

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

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

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

in writing, and

a duty imposed on a hirer or a work-finding agency in respect of an agency worker, and

a right conferred on an agency worker in respect of a hirer or a work-finding agency,

the agency worker is supplied to work for and under the supervision and direction of the hirer by virtue of a worker’s contract (“the contract”) that the agency worker has with another person (“the other party”),

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

the other party notifies the agency worker in writing of the incorporation and effect of those terms.

in writing, and

terms in a collective agreement that expressly replace a duty or right relate to the same subject matter as the duty or right, or

a collective agreement ceases to be in force after the terms mentioned in section 27BW(2)(b)(ii) or 27BX(2)(b)(ii) are incorporated into the contract (within the meaning of section 27BW or 27BX, as the case may be), provided the terms continue to be incorporated.

the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c),

a guaranteed hours offer has already been made in compliance with the duty, and

the worker or agency worker has not accepted the offer,

by a worker, sections 27BH and 27BI apply in relation to the complaint as they apply in relation to a complaint under section 27BG(7)(b);

by an agency worker, paragraphs 10 and 11 of Schedule A1 apply in relation to the complaint as they apply in relation to a complaint under paragraph 8(7)(b) of that Schedule.

the duty to make a guaranteed hours offer under Chapter 2 or 5 is excluded by virtue of terms that are incorporated into a contract with a worker or, as the case may be, an agency worker, as mentioned in section 27BW(2)(c) or 27BX(2)(c), and

the duty ceases to be excluded as a result of the terms ceasing to be incorporated into the contract (including where the contract ceases to be in force).

in any case where there was a reference period in relation to the duty as it had effect before being excluded, that reference period is to be disregarded;

section 27BF(3) has effect as if for paragraphs (a) and (b) there were substituted— (a)

where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer.

in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, paragraph 1(5)(a) of Schedule A1 has effect as if for sub-paragraphs (i) and (ii) there were substituted— (i)

where the agency worker is working for and under the supervision and direction of the hirer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

where the agency worker is not so working, the first day after the effective day on which the agency worker is working for and under the supervision and direction of the hirer, and

in relation to an agency worker and the work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of a hirer, paragraph 7(3) of Schedule A1 has effect as if for paragraphs (a) and (b) there were substituted— (a)

where the worker’s contract or arrangement is in force on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or

where it is not in force on the effective day, the first day after the effective day on which it is in force.

the effect on a duty in Chapters 2 to 5 of terms being or ceasing to be incorporated as mentioned in section 27BW(2)(c) or 27BX(2)(c),

the form and manner in which a notice under section 27BY(3) is to be given, and

when a notice under section 27BY(3) is to be treated as having been given.

Chapters 2 to 4 (rights relating to zero hours workers, etc), or

Chapter 5 (including Schedule A1) (rights relating to agency workers),

a person who is, or is treated as, an employer makes work available to a worker or other individual if they request or require the individual to do it;

references to work and doing work include references to services and performing them.

make different provision for different purposes;

make provision subject to exceptions.

carrying out assessments of a specified description;

publishing plans or policies of a specified description;

steps relating to the reporting of sexual harassment;

steps relating to the handling of complaints.

an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or

to a specified description of person;

for a specified purpose;

in specified circumstances.

make provision as to who is to be regarded as an employer of such an individual for the purposes of this section.

make different provision for different purposes;

make consequential provision.

the employee was employed for the purposes of a business carried on by the employer, and

the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).

the employer sought to vary the employee’s contract of employment to make a restricted variation (see subsection (5)), and

the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and

one or more of the differences between the two sets of terms constitutes a restricted variation (see subsection (5));

a reduction of, or removal of an entitlement to, any sum payable to an employee in connection with the employment (but see subsection (6));

where the amount of any sum payable to an employee in connection with the employment is determined by reference to a measure of the amount of work done by the employee (including a measure referable to results achieved by the employee), a variation of that measure;

a variation of any term or condition relating to pensions or pension schemes;

a variation of the number of hours which an employee is required to work;

a variation of the timing or duration of a shift which meets such conditions as may be specified in regulations made by the Secretary of State;

a reduction in the amount of time off which an employee is entitled to take;

a variation of a description specified in regulations made by the Secretary of State;

the inclusion in a contract of employment of a term enabling the employer to make any variation within any of the preceding paragraphs without the employee’s agreement.

a payment or benefit in kind, a payment or benefit in kind of a specified description, or a payment or benefit in kind other than one of a specified description.

in all the circumstances the employer could not reasonably have avoided the need to make the restricted variation.

at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,

in the case of a public sector employer (other than a local authority), subsection (7)(b) is met, or

in the case of a local authority, subsection (8)(c)(ii) is met,

any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

anything offered to the employee by the employer in return for agreeing to the restricted variation;

any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

the employee was employed for the purposes of a business carried on by the employer, and

the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).

the employer sought to vary the employee’s contract of employment,

the variation was not a restricted variation or, where the employer sought to make more than one variation, none of the variations was a restricted variation, and

the employee did not agree to the variation.

the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and

none of the differences between the two sets of terms constitutes a restricted variation;

the reason for the variation;

any consultation carried out by the employer with the employee about varying the employee’s contract of employment;

if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

anything offered to the employee by the employer in return for agreeing to the variation;

any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

the employee was employed for the purposes of a business carried on by the employer, and

the reason (or, if more than one, the principal reason) for the dismissal is to enable the employer to replace the employee with an individual who is not an employee of the employer.

a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed;

“relevant contract”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it).

in all the circumstances the employer could not reasonably have avoided the need to replace the employee.

at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,

in the case of a public sector employer (other than a local authority), subsection (3)(b) is met, or

in the case of a local authority, subsection (4)(c)(ii) is met,

any consultation carried out by the employer with the employee about replacing the employee;

if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;

if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;

any matters specified for the purposes of this subsection in regulations made by the Secretary of State.

a specified number;

a number determined by reference to a specified percentage of employees;

a number that is the highest or lowest of two or more numbers, whether those numbers are specified numbers, determined by reference to a specified percentage of employees, or determined in another way specified in the regulations.

provision about the time by reference to which that determination is to be made;

provision excluding employees of a specified description from being taken into account in that determination.

different provision in respect of different provisions of this Chapter;

different provision in respect of different descriptions of employer.

does not include a Northern Ireland department.

may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a reserved procurement arrangement;

may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

may exercise a power under this Part for the purpose of regulating devolved Scottish authorities only in relation to joint or centralised procurement under a devolved Welsh procurement arrangement;

may not exercise a power under this Part for the purpose of regulating joint or centralised procurement under a devolved Scottish procurement arrangement.

a private utility;

a person referred to in regulation 4(1)(b) of the Utilities Contracts (Scotland) Regulations 2016 (S.S.I. 2016/49);

a devolved Welsh authority listed in Schedule 1 of the Social Partnership and Public Procurement (Wales) Act 2023 (asc 1);

jointly by a devolved Scottish authority and another contracting authority which is not a devolved Scottish authority, or

by a centralised procurement authority or equivalent body.

is a public contract under this Act, or

is a contract regulated by Scottish procurement legislation.

is a contract for the supply of services that include the performance of functions that are or have previously been performed by the contracting authority, or

in performing the functions, are employed by the supplier or a sub-contractor under a worker’s contract, and

were employed by the contracting authority under a worker’s contract in performing functions of the same kind.

“contract regulated by Scottish procurement legislation” means a contract the procurement of which by a devolved Scottish authority is regulated by Scottish procurement legislation;

transferring workers of a specified description are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

workers of the supplier or a sub-contractor who are not transferring workers and are of a specified description are treated no less favourably than those transferring workers.

take all reasonable steps to ensure that provision specified under subsection (1) is included in the contract;

where provision specified under subsection (1) is included in the contract, take all reasonable steps to secure that such provision is complied with.

where the contracting authority or the relevant outsourcing contract is of a specified description, or

in specified circumstances.

transferring workers of a description specified in the code are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

workers of the supplier or a sub-contractor who are not transferring workers and are of a description specified in the code are treated no less favourably than those transferring workers.

may amend or replace a code published by it under subsection (1), and

must publish any amended or replacement code.

in the case of a code published by a Minister of the Crown, be laid before Parliament;

in the case of a code published by the Scottish Ministers, be laid before the Scottish Parliament;

in the case of a code published by the Welsh Ministers, be laid before Senedd Cymru.

develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and

publish prescribed information relating to the plan.

an employer with fewer than 250 employees;

addressing the gender pay gap, and

supporting employees going through the menopause.

the content of a plan;

the form and manner in which a plan or information is to be published;

when and how frequently a plan or information is to be published or revised;

requirements for senior approval before a plan or information is published;

descriptions of employers;

descriptions of employee;

descriptions of information.

the Commission, before making regulations under this section that apply to a public authority, and

the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.