New Section 27BG of the ERA 1996 makes provisions for workers to make complaints to an employment tribunal.
	Subsection (1) provides that a worker may make a complaint to an employment tribunal on the grounds that the duty to make a guaranteed hours offer under s. 27BA(1) applies to a reference period but their employer has not made an offer by the end of the offer period.
	Subsection (2) provides that a worker may also make a complaint to an employment tribunal on the grounds that the duty to make a guaranteed hours offer under s. 27BA(1) applies, but the offer made does not constitute an offer as outlined in:
Section27BB(1) and (3) where regulations that apply are made under (2) i.e. the offer did not reflect the hours worked in the reference period, and/ or did not provide which days and time or working pattern the hours were to be provided to reflect the reference period. OR
Section 27BB(1) and (4) where no regulations are made under s. 27BB(2) i.e. that the offer did not reflect the hours worked in the reference period and/ or did not provide when the hours were to be provided and worked to reflect the reference period hours.
	Subsection (3) provides that a worker may make a complaint to an employment tribunal on the grounds that the requirement on an employer to offer guaranteed hours under s. 27BA(1) applies but the guaranteed hours offer made by the employer either:
varies the worker’s terms and conditions in a way that is not permitted undersection 27BB(6) (e.g. varying terms of a worker who had more than one contract),
varies the worker’s terms and conditions in a way that does not comply with the requirements outlined at section 27BB(7) (e.g. does not remove limited terms unreasonably or varies other terms), or
varies the worker’s terms and conditions in a way that does not comply with the requirements outlined at section 27BB(8) (e.g. proposes a limited term where unreasonable and the varied terms are less favourable than the terms worked under during the reference period).
	Subsection (4) provides that a worker may make a complaint to an employment tribunal on the basis that they received a reduced offer because the employer deliberately structured the hours of work, or offered work in the way it did, for the sole or main purpose of rendering the worker eligible to receive only a reduced offer.
	Similar to subsection (4), subsection (5) allows a worker to make a complaint to a tribunal on the grounds that an employer sought to manipulate the number of hours of work or the way work was made available, for the sole or main purpose of avoiding their obligations to make a guaranteed hours offer by rendering the worker incapable of meeting the requirements to receive a guaranteed hours offer.
	Subsection (6) provides that a complaint under subsections (2), (3) or (4) may be presented by the worker whether or not the offer was accepted by the worker. However, a complaint may not be made relating to an offer which has been treated as withdrawn in accordance with sections 27BD(2) (relevant termination) or 27BY(3) (exclusion as a result of a collective agreement) or regulations under section 27BD(6) (exception applying).
	Subsection (7) provides that a worker can make a complaint to an employment tribunal in relation to the notice that an employer must give a worker under section 27BD(8) or (9) where the employers’ duty to make a guaranteed hours offer does not apply, or where an offer already made is treated as having been withdrawn. A complaint can be made on the grounds that the employer has failed to give a notice under section 27BD(8); has given a notice under section 27BD(8) or (9)(b) in circumstances when they should not have done; or the notice given in purported compliance with section 27BD(9) does not refer to any provision of the regulations or refers to the wrong provision.
	Subsection (8) provides that a worker can make a complaint to an employment tribunal on the grounds that the employer has failed to provide information about their guaranteed hours rights as required by section 27BF(1) or (2).
	Subsection (9) defines ‘the last day of the offer period’ with reference to s. 27BB(11)(a).
Part 1: Employment Rights Zero hours workers, etc New Section 27BG