New Part 1 of the new Schedule A1 of the ERA 1996 makes provision about the new right to guaranteed hours for agency workers, as defined in new section 27BV of the ERA 1996. The provisions are broadly similar (with some differences) to the provisions of chapter 2 of Part 2A (right to guaranteed hours) of the ERA 1996.
	Paragraph 1 outlines the new right to guaranteed hours for agency workers.
	Subparagraph (1) provides that a hirer must make an offer of guaranteed hours to an agency worker in accordance with paragraph 2 after the end of every period:
that is a reference period in relation to that agency worker and that hirer, and
in relation to which the agency worker is a qualifying agency worker of the hirer.
	Subparagraph (2) explains that paragraph 5 makes provision for exceptions to the duty on hirers to offer guaranteed hours, including in certain cases where the agency worker stops working for and under the supervision and direction of the hirer.
	Subparagraph (3) sets out the qualifying criteria for agency workers for the right to guaranteed hours. An agency worker is a qualifying worker if:
during the reference period the agency worker worked for and under the supervision and direction of the hirer for a number of hours. These hours are referred to as the ‘reference period hours’,
the hours worked during the reference period satisfy any conditions around regularity, number of hours worked or otherwise specified in regulations, and
the hours worked during the reference period are not worked as an excluded agency worker (as defined in regulations).
	Subparagraph (4) provides that a ‘reference period’ is either:
the initial reference period, or
each subsequent reference period.
	Subparagraph (5) provides that the initial reference period means the period:
beginning with either the day on which subparagraph (1) comes into force (the commencement day) if the agency worker is working for the hirer on the commencement day, or otherwise the first day after the commencement day on which the agency worker is working for the hirer.
ending with a day to be set in regulations.
	Subparagraph (6) provides that a ‘subsequent reference period’ is a period beginning and ending on days defined in regulations. Subsequent reference periods could be of a different length to the initial reference period.
	Subparagraph (7) defines, for the purposes of Part 1 of Schedule A1-
a ‘hirer’ as the person the agency worker is supplied to work for.
a ‘qualifying agency worker’ as the agency worker of a hirer in relation to a reference period through subparagraph (3).
the ‘relevant reference period’ as the period which the agency worker is a qualifying agency worker for the hirer.
	Subparagraph (8) confirms that a hirer is not restricted from making one or more other offers to enter into a worker’s contract, at the same time as making an offer of guaranteed hours.
	Subparagraph (9) provides that the regulations made under subparagraph (3)(b), (5) or (6) may, in particular, include provision to take account of time when an agency worker does not work, for a reason which is also defined in regulations.
	Subparagraph (10) places a statutory duty on the Secretary of State to consult persons, as the Secretary of State considers appropriate, before making the first regulations to specify when the initial reference period is to end and when a subsequent reference period is to begin and end.
	Subparagraph (11) provides that an ‘excluded agency worker’ will be described in regulations.
	Paragraph 2 outlines the requirements for an offer of guaranteed hours.
	Subparagraph (1) provides that an offer by a hirer to a qualifying agency worker must be an offer to enter into a worker’s contract and will require the hirer to provide the agency worker with work and require the agency worker to do work for a number of hours that reflects the hours worked during the reference period.
	Subparagraph (2) allows for regulations to be made to provide that an offer for guaranteed hours is only a valid offer if the conditions at subparagraph (3) are satisfied.
	Subparagraph (3) provides for the conditions referred to in subparagraph (2). These are that:
the offer sets out the days of the week and the times of those days when the offered number of hours are to be provided and worked, or a working pattern of days and times of day on which work will be made available, and
those days and times – or working pattern – reflect the hours when the qualifying agency worker worked for the hirer during the reference period.
	Subparagraph (4) provides that where no regulations have been made (under subparagraph (2)) to require the offer to set out days of the week or a working pattern of days and times of days, the offer is considered a guaranteed hours offer only if terms and conditions are also proposed relating to when the number of hours are to be provided by the hirer (then the direct employer) and to be worked by the agency worker (then the directly engaged worker) would be required to work (for example, any time 7am to 9pm Monday to Friday). These terms and conditions do not need to relate to particular days of the week, or particular times on those days, or any regular pattern of days or times of day.
	Subparagraph (5) provides that regulations may provide how to determine:
whether an offer reflects the number of hours worked by a qualifying agency worker during a reference period;
where regulations apply so that the offer sets out days of the week or a working pattern of days and times of days (under subparagraph (2)) that apply in relation to an offer, whether the offer reflects when hours were worked by a qualifying agency worker during a reference period.
	Subparagraph (6) provides that a guaranteed hours offer:
must not propose a limited-term contract unless it is reasonable for it to be limited-term,
must propose terms and conditions relating to pay that comply with paragraph 3,
must propose terms and conditions relating to "additional matters" that, taken as whole, are no less favourable than those the agency worker had while working for the end hirer during the relevant reference period,
where paragraph 4 applies (i.e. where terms and conditions have varied during the reference period), that comply with subparagraph (2) of that paragraph.
	Subparagraph (7) provides that it is only reasonable for the guaranteed hours offer to propose a limited-term contract if it is reasonable for the hirer to consider that:
the qualifying agency worker is only needed for a specific task and the worker’s contract provides for termination once the task is done,
the qualifying agency worker is only needed until an event happens, or fails to happen, and the worker’s contract provides for termination upon the occurrence of this event (or the failure of the event to occur), or
it is reasonable for the hirer to consider that there is only a temporary need defined in regulations (and not falling within subparagraph 7(a) or (b)) for the agency worker and the contract provides for termination at a time when it is reasonable for the hirer to consider that the temporary need will come to an end.
	Subparagraph (8) places a statutory duty on the Secretary of State to consult persons representing the interests of agency workers who do seasonal work, persons representing the interests of hirers to whom agency workers are supplied to do seasonal work, and other persons as the Secretary of State considers appropriate, before making the first regulations to specify what counts as a ‘temporary need’ in relation to paragraph 2(7)(c)).
	Subparagraph (9) provides that for the purposes of subparagraphs (6)(b) and (10), terms and conditions relate to ‘pay’ if they relate to any payment to a worker in connection with the worker’s employment. This will include fees, bonuses, commissions and holiday pay.
	Subparagraph (10) provides that terms and conditions relate to ‘additional matters’ if they are not terms and conditions which will be required to establish the number of hours that reflects the hours worked in a relevant reference period or when those hours should be provided and worked (as set out in sub-paragraphs (1) and (2) or (1) and (4)), and do not relate to length of employment or pay.
	Subparagraph (11) provides that regulations provide that an offer must be made by no later than a specified day, in which form and manner it must be made, and with which accompanying information.
	Subparagraph (12) provides that regulations may provide when a guaranteed hour offers is to be treated as having been made.
	Subparagraph (13) defines ‘reference period hours’, with reference to its meaning in paragraph 1(3).
	Paragraph 3 makes further provision about the terms and conditions of guaranteed hours offers relating to pay.
	Subparagraph (1) establishes that a guaranteed hours offer made by a hirer to a qualifying agency worker must comply with one of four conditions (A to D) in relation to terms and conditions relating to the qualifying agency worker’s pay:
	Subparagraph (2) sets out that under Condition A, the terms and conditions relating to pay will be no less favourable than the most favourable terms and conditions relating to pay that a qualifying agency worker had while working for the hirer during the relevant reference period.
	Subparagraph (3) sets out that under Condition B, the terms and conditions relating to pay will be no less favourable than the least favourable terms relating to pay that a qualifying agency worker had while working for the hirer during the relevant reference period, and the proposal of such terms will constitute a proportionate means of achieving a legitimate aim.
	Subparagraph (4) sets out that under Condition C, the terms and conditions relating to pay will be no less favourable than those of a comparable worker at the end of the relevant reference period or, where there was more than one comparable worker, no less favourable than the most favourable terms and conditions relating to pay of a comparable worker at the end of the relevant reference period.
	Subparagraph (5) sets out that under Condition D, where there was more than one comparable worker, the terms and conditions relating to pay do not meet Condition C but the terms and conditions of employment relating to pay will be no less favourable than those of at least one other comparable worker at the end of the relevant reference period, and the proposal of such terms will constitute a proportionate means of achieving a legitimate aim.
	Subparagraph (6) requires that if a hirer relies on Conditions B, C or D when making a guaranteed hours offer to a qualifying agency worker, they will be required to give notice to the agency worker which states that they have done so and, where either Condition B or D applies, explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.
	Subparagraph (7) states that this notice needs to be given to the qualifying agency worker no later than the same day and in the same form and manner as the guaranteed hours offer, with reference to paragraph 2(11) in that respect.
	Subparagraph (8) defines a worker as a ‘comparable worker’ in relation to an agency worker if they are employed by the same hirer to do work that is the same or broadly similar to the work performed by the agency worker (with regard given, where relevant, to whether the worker and agency worker have a similar level of qualifications and skills), and if they are employed to work at the same place. Where there is no worker employed by the hirer at the same place as the agency worker who does the same or broadly similar work, a comparable worker may be employed at any other place.
	Subparagraph (9) establishes that the definition of terms and conditions in relation to pay as set out in Paragraph 2(9) (sums payable to a worker in connection with their employment) apply in relation to this Paragraph 3 as it applies for the purposes of paragraph 2(6)(b) and (10).
	Subparagraph (10) establishes that references in Paragraph 3 to terms and conditions relating to ‘pay’ that an agency worker had when working for a hirer refer to any sums payable to the agency worker in connection with that work. This will include fees, bonuses, commissions and holiday pay.
	Paragraph 4 makes further provision about the terms and conditions of guaranteed hours offers relating to additional matters, where these terms and conditions were not the same varied during the reference period.
	Subparagraph (1) provides that this paragraph applies where, during the relevant reference period, the terms and conditions relating to additional matters were not the same throughout the relevant reference period.
	Subparagraph (2) provides that the guaranteed hours offer may propose terms and conditions of employment relating to additional matters that, taken as a whole, are less favourable than the most favourable terms and conditions relating to additional matters under which the qualifying agency worker had worked for the hirer during the relevant reference period, but only if:
those proposed terms and conditions, taken as a whole, are no less favourable than the least favourable terms and conditions relating to additional matters under which the qualifying agency worker worked for the hirer during the relevant reference period, and
the proposal of those terms constitutes a proportionate means of achieving a legitimate aim.
	Subparagraph (3) provides that if a hirer relies on subparagraph (2) when making a guaranteed hours offer to a qualifying agency worker, the hirer must give them a notice that:
states that the hirer has done so, and
explains how the proposed terms and conditions constitute a means to achieve a legitimate aim.
	Subparagraph (4) provides that a notice under subparagraph (3) must be given no later than the same day, in the same way, as the guaranteed hours offer (see paragraph 2(11)).
	Subparagraph (5) clarifies that the definition of terms and conditions of employment relating to ‘additional matters’ as set out in new sub-paragraph 2(10) applies to this paragraph 4.
	Paragraph 5 sets out the exceptions to the duty to make a guaranteed hours offer, and when the guaranteed hours offer is to be treated as having been withdrawn.
	Subparagraph (1) provides that the duty for a hirer to offer guaranteed hours does not apply if the qualifying agency worker stops working for the hirer during the relevant reference period or offer period in relevant circumstances.
	Subparagraph (2) provides that a guaranteed hours offer is to be treated as having been withdrawn if the qualifying agency workers stops working for the hirer in relevant circumstances during the response period.
	Subparagraph (3) defines relevant circumstances as where:
the qualifying agency worker declines to continue working for the hirer, other than in circumstances in which they are entitled to do so without notice by reason of the hirer’s conduct;
the hirer tells the agency supplying the qualifying agency worker to stop supplying them, and
the hirer’s reason (or principal reason) for doing so is a qualifying reason, and
in the circumstances the hirer has acted reasonably in treating the reason (or principal reason) as sufficient for telling the work-finding agency supplying the agency worker to stop supplying them. Work-finding agency is defined at new section 27BV of the ERA 1996.
	Subparagraph (4) defines ‘qualifying reason’ in subparagraph (3)(b) as a reason falling within subparagraph (5) or another substantial reason to justify telling the agency to stop supplying an agency worker to do work of the kind that they were supplied to the hirer to do.
	Subparagraph (5) defines that a reason for the hirer to tell the agency to stop supplying the agency worker should be considered a qualifying reason if:
it relates to the capability or qualifications of the qualifying agency worker to do work of the kind that they were supplied to the hirer to do,
it relates to the conduct of the qualifying agency worker, or
the qualifying agency worker could not continue to do work they were supplied to do without contravention (on the part of the agency worker, the hirer or supplier of the agency worker) of a duty or restriction imposed by or under any legislation.
	Subparagraph (6) provides that regulations may provide for the duty to offer guaranteed hours not to apply in relation to a reference period, or for a guaranteed hours offer that has been made to be treated as withdrawn, in other circumstances defined in regulations.
	Subparagraph (7) establishes a non-exhaustive list of matters that the Secretary of State must have particular regard to when exercising the power set out in subparagraph (6). The matters are:
the benefit to agency workers of receiving a guaranteed hours offer under the provisions relating to the right to guaranteed hours, and
the desirability of preventing the same provisions from having a significant adverse effect on hirers who are dealing with exceptional circumstances.
	Subparagraph (8) provides that where a guaranteed hours offer made by a hirer is treated as having been withdrawn (under subparagraph (2)), the qualifying agency worker must be given notice to state this is the case before the end of the response period.
	Subparagraph (9) provides that, where an offer is to be treated as having been withdrawn because of circumstances defined in regulations (under subparagraph (6)), the hirer must give notice to the qualifying agency worker that states which provision of the regulations has produced the effect either that:
the hirer will otherwise have been subject to the duty to offer guaranteed hours but is not required to make a guaranteed hours offer to the agency worker, or
a guaranteed hours offer is treated as having been withdrawn.
	Subparagraph (10) provides that a notice under subparagraph (9) must be given to a qualifying agency worker:
where (9)(a) applies, before the end of the offer period;
where (9)(b) applies, before the end of the response period.
	Subparagraph (11) provides that the way in which a notice under subparagraph (8) or (9) must be given, and when a notice under subparagraph (8) or (9) is to be treated as having been given, may be defined in regulations.
	Subparagraph (12) defines ‘capability’ as the qualifying agency workers’ ability assessed by reference to skill, aptitude, health or other physical or mental quality. It defines ‘the offer period’ as the period beginning with the day after the day on which the relevant reference period ends, and ending with:
the day on which a guaranteed hours offer is made by the hirer;
the last day as specified by paragraph 2(11)(a) if no guaranteed hours offer is made.
	Subparagraph (12) also defines ‘qualifications’ as any academic, technical or professional qualification relevant to the work that the qualifying agency worker is supplied to the hirer to do. It also defines ‘the response period’ as the period beginning with the day after the day on which the offer is made and ending with a day specified in regulations.
	Paragraph 6 makes provision around the acceptance or rejection of a guaranteed hours offer.
	Subparagraph (1) provides that where a guaranteed hours offer is not treated as having been withdrawn under paragraph 5(2) or regulations under paragraph 5(6), the qualifying agency worker may accept or reject the offer by giving notice to the hirer before the end of the response period.
	Subparagraph (2) provides that where an offer is accepted, the qualifying agency worker and hirer are to be treated as entering into a worker’s contract in the terms of the offer on the day after notice of acceptance is given.
	Subparagraph (3) provides scope for agreement between the qualifying agency worker and hirer that the worker’s contract may be treated as being entered into on a later day than mentioned in subparagraph (2).
	Subparagraph (4) clarifies that, where a qualifying agency worker accepts a guaranteed hours offer from a hirer after a reference period so that (respectively) they become a worker and an employer, there will not be a new initial reference period in relation to the former agency worker. Instead, the former agency worker’s next reference period will be a subsequent reference period.
	Subparagraph (5) provides that an offer is to be treated as having been rejected if the qualifying agency worker does not give notice under subparagraph (1) before the end of the response period.
	Subparagraph (6) provides that secondary legislation may provide:
the way in which a notice under subparagraph (1) must be given to a hirer;
when notice under subparagraph (1) is to be treated as having been given.
	Subparagraph (7) defines ‘the response period’ in the same way as in paragraph 5.
	Subparagraph (8) provides that where-
a hirer, through Section 27BY(3), is permitted to withdraw a guaranteed hours offer and,
the hirer withdraws the offer by giving notice under that section,
	Then paragraph 6(1) ceases to apply, regarding the offer when notice is given, and a guaranteed hours offer can no longer be accepted or rejected.
	Paragraph 7 relates to provision of information to agency workers about the right conferred by Part 1 of Schedule A1.
	Subparagraph (1) provides that when it is reasonable to consider that an agency worker who is, or is to be, supplied to work for a hirer may become a qualifying agency worker (whether in the initial or a subsequent reference period), the work-finding agency must take reasonable steps to ensure that the agency worker is aware of specified information relating to the right conferred by Part 1 of Schedule A1 within the information period.
	Subparagraph (2) provides that the work-finding agency must take reasonable steps to ensure that the agency worker continues to have access to information referred to in subparagraph (1) after the end of the information period, while the contract or arrangement continues to be in force and it is reasonable to consider that the agency worker may (or may again) become a qualifying agency worker of a hirer within a reference period.
	Subparagraph (3) defines the ‘initial information period’ as 2 weeks beginning with:
the day on which paragraph 1(1) comes into force (the commencement day), where the worker’s contract or arrangement is in force on the commencement day, or
where it is not in force on that day, the first day after commencement day on which it is in force.
	Subparagraph (4) provides that where, on the day set out in subparagraph (3)(a) or (b), it was not reasonable to consider that the agency worker might become a qualifying agency worker within any reference period, then ‘the initial information period’ is to mean the 2 weeks beginning with the day on which it becomes reasonable to consider that.
	Paragraph 8 makes provision for agency workers to present complaints to employment tribunals against hirers.
	Subparagraph (1) provides that an agency worker may present a complaint to an employment tribunal that the duty imposed by paragraph 1(1) applies to a hirer, but the hirer failed to make an offer before the end of the last day of the offer period.
	Subparagraph (2) provides that an agency worker may present a complaint to an employment tribunal that the duty imposed by paragraph 1(1) applies to a hirer, but the offer the hirer made to enter a worker’s contract is not a guaranteed hours offer as described in:
paragraphs 2(1) and 2(3) (read with any regulations in force under paragraph 2(5)(a) or 2(5)(b)), where regulations are in force under paragraph 2(2) that apply in relation to the offer (that the offer provides a number of hours which reflects the reference period hours, and the conditions requiring that the offer sets out the days and times where work must be done, or a working pattern), or
otherwise, paragraphs 2(1) and 2(4) (read with any regulations in force under paragraph 2(5)(a)) (that the offer provides a number of hours which reflects the reference period hours and also some terms as to when the hours of work are to be provided and worked).
	Subparagraph (3) provides that an agency worker may present a complaint to an employment tribunal that the duty imposed by paragraph 1(1) applies to a hirer, but the guaranteed hours offer the hirer made to the agency worker does not comply with paragraph 2(6) ( the offer must be of a limited-term if reasonable for it to be entered into as such contract, the terms relating to pay must comply with paragraph 3, and the additional matters must taken as a whole be no less favourable than those that applied when working under the supervision and direction of the hirer during the relevant reference period).
	Subparagraph (4) provides that an agency worker may present a complaint to an employment tribunal that the duty to offer guaranteed hours under paragraph 1(1) applies to a hirer, and the hirer would have been required to offer more hours than in fact the hirer has offered if the hirer had not, during the reference period:
limited the number of hours that the agency worker was requested or required to work for the hirer under the worker’s contract or arrangement, or
caused the agency worker to be requested or required to work for the hirer in the way that the agency worker was, for the sole or main purpose of the hirer being able to comply with the duty under paragraph 1(1) by making such a reduced offer.
	Subparagraph (5) provides that an agency worker may present a complaint to an employment tribunal that the duty to offer guaranteed hours under paragraph 1(1) would have applied to a hirer if they had not, during the reference period:
limited the number of hours the agency worker was requested or required to work under the worker’s contract or arrangement, or
caused the agency worker to be requested or required to work for the hirer in the way that the agency worker was, for the sole or main purpose of preventing the agency worker from becoming a qualifying agency worker.
	Subparagraph (6) provides that a complaint under subparagraph (2), (3) or (4) may be presented whether or not the offer has been accepted by the agency worker, but may not be presented in relation to an offer that is considered withdrawn under paragraph 5(2) (relevant termination), regulations under 5(6) (exception) or in accordance with Section 27BY(3) (exclusion resulting from a collective agreements).
	Subparagraph (7) provides that an agency worker may present a complaint to an employment tribunal that a hirer:
failed to give the agency worker a notice of withdrawal under paragraph 5(8) or 5(9);
gave the agency worker a notice under paragraph 5(8) or 5(9)(b) when they should not have; or
gave the agency worker a notice supposedly in compliance with paragraph 5(9) that does not refer to any provision or refers to the wrong provision.
	Subparagraph (8) defines ‘the last day of the offer period’ as the day defined by paragraph 2(11)(a) as the last day on which a guaranteed hours offer may be made relative to that reference period.
	Paragraph 9 makes provision for agency workers to present complaints to employment tribunals against work-finding agencies.
	Subparagraph (1) provides that an agency worker can present a complaint to an employment tribunal against a work-finding agency, that the duty imposed by paragraph 1(1) applies to a hirer in relation to the agency worker and a reference period, but, during that reference period, the work-finding agency:
limited the number of hours the agency worker was requested or required to work for the hirer through the worker’s contract or arrangement, or
caused the agency worker to be requested or required to work for the hirer in the way that the agency worker was, for the sole or main purpose of enabling the hirer to comply with the duty to offer guaranteed hours whilst making a reduced offer.
	Subparagraph (2) provides that an agency worker can present a complaint against the work-finding agency that the duty imposed by paragraph 1(1) will have applied to a hirer if the relevant work-finding agency had not, during the reference period:
limited the number of hours the agency worker was requested or required to work for the hirer through the worker’s contract or arrangement, or
caused the agency worker to be requested or required to work for the hirer in the way that the agency worker was, for the purpose of preventing the agency worker from satisfying one or both conditions in paragraph 1(3)(a) and (b), preventing them to become a qualifying agency worker.
	Subparagraph (3) provides that a complaint under subparagraph (1):
may be presented whether or not the hirer has made an offer to the agency worker and whether or not it has been accepted by the agency worker, but
where an offer has been made, may not be presented if the offer if regarded as withdrawn through paragraph 5(2) (relevant termination) or paragraph 5(6)(exceptions) or in accordance with Section 27BY(3) (exclusion resulting from a collective agreement).
	Subparagraph (4) provides that for the purposes of subparagraphs (1) and (2), references to a ‘relevant work-finding agency’ are to a work-finding agency with which the agency worker has a worker’s contract or arrangement, through which they were supplied to a hirer during the reference period in question.
	Subparagraph (5) provides that an agency worker can present a complaint to an employment tribunal that a work-finding agency failed to comply with the duty to give information imposed by paragraph 7(1) or (2).
	Paragraph 10 makes provision around the time limits for complaints to employment tribunals on time limits.
	Subparagraph (1) provides that an employment tribunal must not consider a complaint under paragraph 8(2) unless it is presented before the end of the 6-month period beginning after the last day of the offer period, as defined by paragraph 8(8).
	Subparagraph (2) provides that an employment tribunal must not consider a complaint under paragraph 8(2) unless it is presented before the end of the 6-month period beginning after the day when the offer referred to in that provision is made.
	Subparagraph (3) provides that an employment tribunal must not consider a complaint under paragraph 8(3) or (4) unless it is presented before the end of the 6-month period when the guaranteed hours offer referred to in that provision is made.
	Subparagraph (4) provides that an employment tribunal must not consider a complaint under paragraph 8(5) or 9(2) unless it is presented before the end of the 6-month period beginning the day after what will have been the last day of the offer period (as defined by paragraph 8(8)) if the duty to offer guaranteed hours had applied.
	Subparagraph (5) provides that an employment tribunal must not consider a complaint under paragraph 8(7)(a) relating to a notice unless it is presented before the end of the 6-month period beginning the day after the latest day that the notice should have been given (with reference to paragraph 5(8) and (10)).
	Subparagraph (6) provides that an employment tribunal must not consider a complaint under paragraph 8(7)(b) or (c) unless it is presented before the end of the 6-month period beginning the day after the notice is given.
	Subparagraph (7) provides that an employment tribunal must not consider a complaint under paragraph 9(1) unless it is presented before the end of the 6-month period beginning after the last day of the offer period (as defined by paragraph 8(8)).
	Subparagraph (8) provides that an employment tribunal must not consider a complaint under paragraph 9(5)(a) unless it is presented before the end of the 6-month period beginning the day after the last day of the initial information period (as set by paragraph 7(3) or (4)).
	Subparagraph (9) provides that an employment tribunal must not consider a complaint under paragraph 9(5)(b) unless it is presented before the end of the 6-month period beginning with the day when the agency worker first became aware of the failure to which the complaint relates.
	Subparagraph (10) provides that if the employment tribunal is satisfied it was not practical for a complaint under paragraph 8 or 9 to be presented before the 6-month period, it may consider the complaint if presented within a further period that the tribunal considers reasonable.
	Subparagraph (11) provides that section 207B (rules regarding the extension of time limits to facilitate conciliation before proceedings) applies to subparagraphs (1) to (9).
	Paragraph 11 provides for remedies for well-founded claims to the employment tribunals.
	Subparagraph (1) provides that where an employment tribunal finds a complaint under paragraph 8 or 9 well-founded, the tribunal must make a declaration stating this and may make an award of compensation to be paid by the respondent to the agency worker.
	Subparagraph (2) provides that the amount of compensation is to be an amount, not greater than the permitted maximum, that the tribunal considers right in all the circumstances to compensate the agency worker for any financial loss suffered relating to the complaint.
	Subparagraph (3) provides that in determining the financial loss suffered, the tribunal must apply the rules concerning the duty of a person to mitigate their loss as applies to damages recoverable under Common Law (if in England and Wales) or Scots Law (if in Scotland).
	Subparagraph (4) defines ‘the permitted maximum’, in subparagraph (2):
as the number of weeks’ pay specified in secondary legislation for complaints under paragraphs 8(1), 8(2), 8(3), 8(7) or 9(5);
as the amount specified in regulations for paragraphs 8(4), 8(5), 9(1) or 9(2).
	Subparagraph (5) provides that in the calculation of a week’s pay to determine the permitted maximum for compensation for a complaint against a hirer under paragraph 8(1), (2), (3) or (7):
a week’s pay is the average weekly remuneration received by the agency worker for work for the hirer in the reference period;
the amount of a week’s pay is not to exceed the amount specified in section 227(1);
	Subparagraph (6) provides that in calculating a week’s pay to determine the permitted maximum of compensation, where the complaint is under paragraph 9(5):
a week’s pay is the average weekly remuneration received by the agency worker in the relevant period for work for the hirer through the worker’s contract or arrangement with the work-finding agency.
the amount of a week’s pay is not to exceed the amount specified in section 227(1);
’the relevant period’ means:
where the worker’s contract or arrangement between the agency worker and the work-finding agency ceased to be in force on or before the date the complaint was presented, the 12-week period (or, if shorter, the period for which it was in force) ending with the latest day before the last day it was in force on which the agency worker worked for the hirer.
where the worker’s contract or arrangement did not cease to be in force, the 12-week period (or, if shorter, the period for which it had been in force) ending with the latest day before the complaint was presented on which the agency worker worked for the hirer.
	Chapter 2 of Part 14 does not apply, and this paragraph does, where the agency worker to be compensated is an employee of the work-finding agency.
	Paragraph 12 enables regulations to change the effect of this Part 1 (right to guaranteed hours for agency workers).
	Subparagraph (1) provides that in relation to certain agency workers, the description of whom is to be set out in regulations, the Secretary may set out in regulations that:
a hirer is not required by this Part of this Schedule (right to guaranteed hours for agency workers) to make a guaranteed hours offer and
a work-finding agency, or another person involved in supplying or paying an agency worker, is instead required to make a corresponding or similar offer (and is liable to have a complaint against them to an employment tribunal on grounds akin to those in paragraph 8).
	Subparagraph (2) provides that the provision referred to in subparagraph (1) may be made by amending this Act or otherwise.
	Subparagraph (3) provides that regulations under subparagraph (1) may make consequential amendments, including provision amending:
an Act of Parliament, including the ERA 1996;
a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru;
an Act of the Scottish Parliament.
Part 1: Employment Rights Zero hours workers, etc New Part 1: Right to guaranteed hours