Section 27BY makes supplementary provision for the purposes of sections 27BW and 27BX, in particular in respect of the rights to guaranteed hours in Chapter 2 and Part 1 of Schedule A1.
	Subsection (1) clarifies that:
the terms that replace the duties and rights in Chapters 2 to 5 (including Schedule A1) do not have to relate to the same matter. For example, they could be about what hourly rate is granted for the work.
it does not matter if the collective agreement used to opt out of the rights and duties in Chapters 2 to 5 (including Schedule A1) ceases to be in force, provided that the terms from the collective agreement that replace the rights/duties continue to be incorporated into the worker’s contract (as per sections 27BW(c) and 27BX(c)). For example, a collective agreement could provide that workers will not receive guaranteed hours but will receive a higher rate of pay. Provided that the term providing for a higher rate of pay remains incorporated into a worker’s contract, the right to guaranteed hours will not apply to the worker if the collective agreement itself ceases to be in force.
	Subsection (2) provides that, where the replacement terms from a collective agreement become incorporated into a worker’s contract (as per sections 27BW(c) and 27BX(c)) during the offer period, a guaranteed hours offer, under Chapter 2 or Part 1 of Schedule A1, does not need to be made.
	Subsections (3) to (6) make provision for a guaranteed hours offer to be withdrawn during the response period.
	Subsection (3) provides that, where the replacement terms from a collective agreement become incorporated into a worker’s contract (as per sections 27BW(c) and 27BX(c)) during the response period, a guaranteed hours offer made to a worker and not yet accepted by the worker can be withdrawn by giving a notice to the worker.
	Subsection (4) provides that the notice of the withdrawal of the guaranteed hours offer must explain that the offer is being withdrawn due to the replacement terms from a collective agreement being incorporated into a worker’s contract.
	Subsection (5) provides that a worker can complain to an employment tribunal that they have been wrongly given a notice under subsection (3), e.g., where a worker considers that their employer was not entitled to withdraw their guaranteed hours offer because the replacement terms from a collective agreement are not incorporated into their worker’s contract.
	Subsection (6) then provides that such a complaint should be dealt with in the same way as complaints under section 27BG(7)(b) and paragraph 8(7)(b) of Schedule A1 (concerning complaints about notices that a guaranteed hours offer is treated as having been withdrawn). Therefore the same time limit for bringing a complaint (six months beginning with the day after the day on which the notice is given) and the same remedies apply.
	Where the conditions in sections 27BW(2) and 27BX(2) cease to be met, the rights and duties in Chapters 2 to 5 (including Schedule A1) are no longer excluded and accordingly apply again. In particular, where terms from a collective agreement cease to incorporated into a worker’s contract, including where a worker’s contract is terminated, the rights and duties are no longer excluded.
	Subsections (7) and (8) concern the effect of terms from a collective agreement that replaced the rights under Chapter 2 and Part 1 of Schedule A1 (regarding guaranteed hours) ceasing to be incorporated into a worker’s contract on the reference periods and initial information period.
	Subsection (8) provides that the initial reference period recommences on the day when the worker is employed again by the same employer, or, in the case of an agency worker, is again working under the direction and supervision of the hirer.
	This subsection is of particular relevance to workers who do not have an overarching worker’s contract and therefore only have a worker’s contract when they work (or agree to work). If such workers have replacement terms from a collective agreement incorporated into their worker’s contracts each time they work (or agree to work), each time such a contract terminates, the reference period should recommence and therefore such workers should not become entitled to a guaranteed hours offer unless and until they later move onto a worker’s contract (or a series of them) that does not have the replacement terms incorporated and complete the reference period.
	Subsection (8) correspondingly provides that the initial information period begins again on the day when the worker is employed again by the same employer, or, in the case of an agency worker, on the day when the agency worker’s contract or arrangement with the same work-finding agency is in force again. This means that workers become entitled to be made aware of the information to be specified under section 27BF and paragraph 7 of Schedule A1 within two weeks of the replacement terms from a collective agreement ceasing to be incorporated (or within two weeks of when it becomes reasonable to consider that they might become a qualifying (agency) worker).
	This is however subject to new section 27BF(4) and paragraph 7(4) of Schedule A1 ERA 1996, which make provision about the initial information period in cases where it was not reasonable to consider that a worker will be a qualifying (agency) worker.
Part 1: Employment Rights Zero hours workers, etc New Section 27BY