Section 27BR makes exceptions to the duty at section 27BP(1) to make payment for shifts cancelled, moved or curtailed at short notice.
	Subsection (1)(a) excludes agency workers from the right to payment under section 27BP (as Part 3 of Schedule A1 makes separate provision in respect of agency workers).
	Subsection (1)(b) provides that workers must reasonably believe they would be needed to work the shift that they were requested to work in order to be entitled to payment under section 27BP. This means that, for example, where a request is made to multiple workers to work a shift and it is made clear that there is not enough work for all of them and that the worker who accepts the shift first will work the shift, a worker who sees that another worker has already accepted the shift but still agrees to work the shift will not be entitled to a payment for short notice cancellation if the worker is informed at short notice that they are not needed to work the shift.
	Subsection (1)(c) provides a power to the Secretary of State to specify other circumstances where the duty at section 27BP(1) does not apply, i.e., create exceptions.
	Subsection (2) provides a duty on the employer, where an exception provided for in regulations made under subsection (1)(c) applies, to notify a worker of the relevant exception and explain the reason for the short notice cancellation, movement or curtailment. This enables the worker to understand that they will not receive payment and why.
	Subsection (3) ensures that employers do not have to disclose information in the notice under subsection (2) that is commercially sensitive or that they would otherwise be prohibited from disclosing, including the disclosure of any personal data that will contravene data protection legislation. Subsection (4) provides that ‘data protection legislation’ has the same meaning as in the Data Protection Act 2018.
	Subsection (5) provides a power to the Secretary of State to specify in regulations how and in what form a notice made under subsection (2) must be given and when it is deemed to be given.
	Subsection (6) provides that an employer is not required to give a notice under subsection (2) if the employer pays the worker the amount that they would have had to pay to the worker under section 27BP(1) for the same hours had an exception not applied within the timeframe specified for payment under section 27BP(5). Accordingly, no notice needs to be provided under subsection (2) if an exception applies but an employer nonetheless pays the worker within the timeframe for making the short notice payment.
	Subsection (7) provides that the hours to which a payment relates for the purposes of subsection (6) are to be calculated in accordance with section 27BS(4).
Part 1: Employment Rights Zero hours workers, etc New Section 27BR