Section 27BJ creates a right for workers to be given reasonable notice of their shifts.
	Subsections (1) to (3) require employers to give reasonable notice of shifts to four main categories of individuals.
	Subsection (1)(a) establishes a duty on employers to give workers employed on a zero hours contract reasonable notice of shifts that they require a worker to work, i.e. shifts that the worker is obliged to undertake, or that they request the worker to undertake.
	Subsection (1)(b) establishes the same duty on employers but in respect of workers whose contract is of a description to be specified in regulations by the Secretary of State that requires the employer to make some work available to them (and is therefore not a zero hours contract) and that contract does not specify when those shifts will take place.
	Subsection (2) establishes a similar duty but in respect of workers on contracts of a type specified in regulations by the Secretary of State, which provides that a worker is to work at times guaranteed in the contract, i.e. workers who are guaranteed some work at a time set out in their contract. The duty at subsection (2) provides that employers must give reasonable notice of shifts that an employer requests or requires the worker to work where the timings of the shift do not overlap with the timings guaranteed in the contract (although see subsection (6) regarding shifts that are extended). This provision is made because the timing of the worker’s other shifts are guaranteed in their contract and so they already have notice of such shifts.
	Subsections (1) and (2) also apply to workers who are to be employed by the employer on the types of contract above but are not yet so employed.
	Under the definition in subsection (7) a "worker" includes individuals who would be workers if they worked the shift in question and "employer" includes the person by whom such individuals would be employed if they worked the shift. This ensures that individuals who do not have a worker’s contract at the time the duty applies, for example because they do not have a worker’s contract when they are not working, are still entitled to reasonable notice.
	Subsections (1) and (2) also provide that workers are only entitled to reasonable notice of a shift where the shift is to be worked under the zero hours contract or the contract of a specified description. Where a worker has that type of contract with an employer but also another contract not of that type with the same employer, the worker will not be entitled to reasonable notice of a shift that would be worked under that other contract.
	Subsection (3) establishes a similar duty so that employers have to give reasonable notice of shifts to individuals who have a zero hours arrangement with the employer and would be employed on a worker’s contract in accordance with that arrangement if they worked the shift. This ensures that individuals who are not currently a worker because they do not, at the time that notice should be given, have a worker’s contract are still entitled to reasonable notice of shifts where they have a zero hours arrangement.
	What is "reasonable" will depend on all the circumstances of a case. Subsection (4) creates a presumption that notice is not reasonable where it is given less than an amount of time to be specified in regulations by the Secretary of State before the time that the shift is due to start.
	Accordingly, in a claim to a tribunal that notice given to a worker was not reasonable, the tribunal must find the notice to be unreasonable where it is given within less than the specified timeframe unless the employer can show that the notice was reasonable in the circumstances.
	For example, notice of a shift given in less than the specified timeframe could be reasonable where the employer needs a worker to provide cover for another worker who has just called in sick. Equally, notice of longer than the specified timeframe may be unreasonable. For example, if the timeframe for presumed reasonable notice is 7 days but the employer could reasonably have been expected to plan shifts sooner and provide 14 days’ notice, notice of 7 days could be unreasonable.
	Subsection (5) provides that the regulations to specify contracts in scope under subsections 27BJ(1)(b) and (2) may specify contracts, in particular, by reference to a maximum payment amount or maximum number of hours guaranteed to the worker under the contract.
	Subsection (6) deals with a situation where a worker has a contract that meets the conditions in subsections 27BJ(2)(a) and (b) – i.e. a contract of a specified description which provides that the worker is to work at times guaranteed in the contract – and the employer extends a shift the timings of which is guaranteed in the contract. The additional hours that are to be worked because of such an extension must be treated as a separate shift and, in turn, employers are required to give reasonable notice of such hours.
	Subsection (8) sets out that "notice of a shift" means notice of how many hours are to be worked and when the shift is to start and end.
Part 1: Employment Rights Zero hours workers, etc New Section 27BJ