Subsection (1) of Section 27BP creates a duty (subject to exceptions in section 27BR) on employers to make a payment, of an amount to be specified in regulations made by the Secretary of State, to a worker each time the employer cancels, moves or curtailed a qualifying shift at short notice. As the duty applies to cancellations, movements and curtailments by the employer, the duty does not apply to cancellations, movements and curtailments initiated by the worker.
	The qualifying shift must be one that the employer has informed the worker they are required to work, that the employer has requested the worker to work and the worker has agreed to work, or that the worker has suggested working and the employer has agreed to the worker working. This latter scenario would include shifts that an employer agreed a worker could work after swapping it with another worker.
	Subsections (2), (3) and (4) set out when a shift is a "qualifying shift".
	Subsection (2) provides that a shift is "qualifying" when it is being worked, is to be worked or would have been worked under one of three types of contracts or arrangements: (a) a zero hours contract, (b) a worker’s contract entered into in accordance with a zero hours arrangement, or (c) a worker’s contract of a description to be specified in regulations made by the Secretary of State, where the employer is required to make some work available to the worker but does not specify when that work will take place.
	Subsections (3) and (4) deal with workers who have a worker’s contract of a description to be specified in regulations made by the Secretary of State, where the employer is required to make some work available to the worker and that contract guarantees the timing of (some) work, i.e., provides for one or more ‘guaranteed shifts’.
	Subsection (3) provides that a shift is also a "qualifying shift" when it is being worked, is to be worked or would have been worked under such a contract and the timings of the shift in question does not overlap with the timing of a ‘guaranteed shift’.
	Subsection (4) then provides that, where a guaranteed shift is extended, any additional hours that result from changes to the start or finish time of a contracted shift are to be treated as a separate shift and are in turn a "qualifying shift". Workers are accordingly entitled to payment where such shifts are cancelled, moved or curtailed at short notice. Workers are not entitled to payment for the cancellation, movement or curtailment of a shift whose timing is guaranteed in the contract, other than in the case of extensions as provided for by subsection (4), as such changes should amount to a breach of contract and accordingly give rise to a separate remedy.
	Subsection (5) concerns when a payment under subsection (1) must be made. The payment must be made by no later than the end of a period to be specified in regulations made by the Secretary of State.
	Subsection (6) defines what "short notice" means for the purposes of the Chapter in relation to cancellation, movement or curtailment of a shift and therefore the period at which payment becomes due. What amounts to short notice will be specified in regulations. The timeframe that the short notice period runs until depends on whether the shift is cancelled, moved and/or curtailed, as follows:
under subsection (6)(a), in relation to cancellations, the short notice period ends with when the shift will have started.
under subsection (6)(b), when a shift is moved, or moved and curtailed (e.g. if a 2-5pm shift changes to 4-6pm), the short notice period ends with the earlier of when the shift would have started, or when the shift is now due to start. Alternatively, where notice is given on or after the start of the shift (e.g., if during the shift the worker is informed that some hours have been moved so that the shift is ending later), that notice is short notice.
under subsection (6)(c), where a shift is curtailed with a change to when the shift is to start (and there is no movement of the shift) (e.g. where a 2-5pm shift changes to 4-5pm), the short notice period ends with the earlier of when the shift would have started or is now due to start.
under subsection (6)(d), where a shift is curtailed with no change to the start time of the shift (e.g. where a 2-5pm shift is changed to 2-3pm), the short notice period ends with when the shift is due to start. However, where notice is given of such a curtailment on or after the start of the shift (e.g. if during the shift the worker is informed during what was due to be a 2-5pm shift that they are to finish at 4pm), that notice is short notice.
	Subsection (7) provides that the Secretary of State may make provision in regulations about when notice of the cancellation, movement or curtailment of a shift is to be treated as having been given by an employer to a worker.
	Subsection (8) provides further detail in relation to who is an "employer" in relation to an individual and a shift, and who is a "worker" in relation to a shift. This ensures that individuals who do not have a worker’s contract at the time the duty applies (for example, if an offer for work was conditional and therefore no contract has been formed) are still entitled to payment.
	Subsection (9) provides that a shift counts as being "moved" if its start time is changed by more than an amount of time specified in regulations. A shift is also considered to be moved where part of a shift is moved or where a shift is divided by more than an amount of time to be specified in regulations and the result is that the shift ends later, for example, if a shift is changed from 9am to 5pm to 9am to 12pm and 4pm to 9pm. The Secretary of State can make regulations to prescribe a maximum amount of time by which employers can move shifts at short notice without having to make a payment under this section.
	Subsection (10) clarifies that a request to work a shift includes a request made by the employer to multiple workers (e.g. via a group text message or app) in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.
	Subsection (11) then clarifies that, in such scenarios, a cancellation includes a worker not being needed to work a shift because others have agreed to work it. Accordingly, workers in such scenarios are still entitled to payment where they are told that they are not needed to work a shift, although this is subject to section 27BR (in particular, section 27BR(1)(b)) requiring a worker to reasonably believe that they would be needed to work the shift).
Part 1: Employment Rights Zero hours workers, etc New Section 27BP