New Section 27BB of the ERA 1996 sets out the requirements relating to guaranteed hours offers for the purposes of this Chapter 2.
	Subsection (1) provides that a guaranteed hours offer must either vary the worker’s existing terms and conditions of employment (subject to the provisions of subsection (6)) or offer to enter into a new worker’s contract. The offer must also include terms that provide the worker with hours that reflect the hours the worker worked during the reference period.
	Subsection (2) allows for regulations to be made that would mean that a guaranteed hours offer is only valid where the conditions at subsection (3) are satisfied.
	Subsection (3) provides the conditions referred to at subsection (2) are that the guaranteed hours offer must set out which days of the week and times the hours in the offer are to be provided and worked, or the working pattern of which the hours offered are to be provided and worked. The days and times or working pattern set out in the offer should reflect how the hours were provided and worked during the reference period.
	Subsection (4) caters for the scenario where there are no regulations in force under subsection (2). In this case, subsection (4) provides that the offer to a qualifying worker must outline a range of hours over which the worker may be required to work (for example, any time 7am to 9pm Monday to Friday). However, it does not have to set out specific days or particular times the worker is required to work, or a particular working pattern.
	Subsection (5) provides that regulations may be made to set out how it is to be determined that the offer reflects the number of hours worked during the reference period. It also allows for regulations to be made to outline when the guaranteed hours should be worked as set out in the offer, to reflect the hours worked during the reference period (if regulations have been made under subsection 2 and apply to that offer).
	Subsection (6) provides that the offer of guaranteed hours should only take the form of an offer of varied terms and conditions (rather than a new contract) if the worker was working under a worker’s contract at the start of the reference period, they are still working under that contract when the offer is made and they did not have any other contracts during the reference period.
	Subsection (7) makes the following provisions around where a guaranteed hours offer takes the form of varied terms and conditions.
	Where there is a term in the worker’s contract that would allow the employer to terminate the contract due to a limiting event and it is not reasonable for the worker’s contract to be of a limited term – as there is no ‘limiting event’ justifying termination – the variation in contract must remove this term, i.e. the variation must propose the term of the contract to become permanent. An example of a ‘limiting event’ will be where a worker is providing cover for another worker’s leave, and the worker on leave returns.
	The only terms and conditions which should be varied by the offer should be the number of hours and any terms and conditions required for the offer to reflect the number of hours worked during the reference period under subsections (1) and when those hours need to be provided and worked under subsection (2) or (4).
	Subsection (8) makes the following provisions around where the guaranteed hours offer takes the form of a new contract:
the offer must not propose that the new contract is a limited-term contract unless it is reasonable for it to be, and
the new contract cannot, on the whole, provide less favourable terms and conditions (unless in relation to working hours and length of employment) than the terms and conditions the worker worked under during the reference period. This is in addition to reflecting the number of hours worked during the reference period under subsections (1) and when those hours need to be provided and worked under subsection (2)  or (4). However, where section 27BC applies (where the worker had more than one contract or had terms that were varied during the reference period) that offer must comply with section 27BC(2), rather than this subsection, in relation to circumstances in which the employer may propose less favourable terms and conditions.
	Subsection (9) provides that it is reasonable for the new contract to be a limited-term contract in certain circumstances. These include if a limited-term contract would be reasonable where an employer only needs the worker to perform a specific task, or if the worker is only needed until an certain event occurs (or does not occur) or if the employer has another temporary need for the worker as specified by regulations.
	Subsection (10) places a statutory duty on the Secretary of State to consult before making regulation which may specify other temporary needs for work. Such consultation would include consulting with persons representing the interests of seasonal workers, persons representing the interests of seasonal employers, and other persons as the Secretary of State considers appropriate.
	Subsection (11) provides that an offer of guaranteed hours must be made by no later than a specified day following the end of the reference period. This day will be specified in regulations. The guaranteed hours offer must be offered in the form which will be specified in regulations. It must contain information related to the offer, as specified in regulations.
	Subsection (12) provides that the Secretary of State may make regulations which make provision about when a guaranteed hours offer is treated as having been made.
	Subsection (13) defines ‘reference period hours’.
Part 1: Employment Rights Zero hours workers, etc New Section 27BB