New section 104BB of the ERA 1996 makes equivalent provision to new section 104BA for agency workers. However, the dismissal of an agency worker who is an employee, would be made by a "relevant person" who is their employer, which, under subsection (6), has the same meaning as under new section 47I(6)(a) or (c), being either is the work-finding agency, or another person involved in the supply or payment of the agency worker (for example, an umbrella company).
	Under new section 104BB, Subsection (1) provides that for the purposes of this Part an employee dismissed by their employer is regarded as unfairly dismissed if the reason (or main reason if more than one) for the dismissal is that the employee-
accepted – or proposed to accept – an offer from their employer of guaranteed hours made as a result of the duty to make such offer under new paragraph 1(1) of Schedule A1 to the ERA 1996 worker’s contract in compliance with the right to guaranteed hours, or
rejected - or proposed to reject - an offer of guaranteed hours made as a result of the duty to make such offer under new paragraph 1(1) of Schedule A1 to the ERA 1996 to enter into a worker’s contract in compliance with the right to guaranteed hours This includes cases where the employee is treated as having rejected an offer as they have not responded; or
brought proceedings for breach of the provisions inserted by Schedule 1 (under paragraphs 9(1) or 9(2) of Schedule A1 to the ERA 1996), or alleged the existence of any circumstances for bringing proceedings whether or not the employee referred to the possibility of bringing such proceedings. It is immaterial whether or not the relevant duties were not complied with but the claim must be made in good faith. Subsection (3) refers to s. 104 ERA 1996 in relation to automatic unfair dismissal due to the assertion of a statutory right in respect of other proceedings under paragraph 9 of Schedule A1 to the ERA 1996; or
is, or the relevant person believes they are, entitled to a guaranteed hours offer, and the reason for the dismissal is that the employer sought to avoid the necessity to comply with their duty to make a guaranteed hours offer.
	Subsection (7) defines the o ‘reference period’ as having the same meaning as in paragraph 1(4) of Part 1 of Schedule A1 to the ERA 1996.
Part 1: Employment Rights Zero hours workers, etc New Section 104BB Guaranteed hours: agency workers