New section 47I of the ERA 1996 makes equivalent provision to new section 47H for agency workers. However, the agency worker must not be subjected to a detriment by a "relevant person", which, under subsection (6), is the work-finding agency, hirer or another person involved in the supply or payment of the agency worker (for example, an umbrella company).
	The section provides that agency workers must not to be subject to detriment by a relevant person on the grounds that:
the agency worker accepted – or proposed to accept – an offer of guaranteed hours made as a result of the duty to make such offer under paragraph 1(1) of Schedule A1 to the ERA 1996 (inserted by Schedule 1);
the agency worker rejected – or proposed to reject – an offer of guaranteed hours made as a result of the duty to make such offer under paragraph 1(1) of Schedule A1 to the ERA 1996. This includes cases where an agency worker is treated as having rejected an offer as they have not responded;
the agency worker declined to work a shift based on a reasonable belief that the employer failed to comply with a duty under paragraph 14 or 15 of Schedule A1 to the ERA 1996 to provide reasonable notice in relation to that shift. For example, a work finding agency must not stop offering the agency worker hours or reduce their hours on the basis that the agency worker has refused to work such a shift, as this will amount to "detriment". Detriment for the purposes of this section could also include an agency worker being sued for breach of a term of their contract that requires them to work a shift that is notified to the agency worker with, what the agency worker reasonably believes to be, unreasonable notice in breach of paragraph 14 or 15;
the agency worker brought proceedings for breach of the provisions inserted by Schedule 1 (under paragraphs 8,9, 19 or 16 of Schedule A1 to or section 27BY(5) of the ERA 1996), whether or not the agency worker 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;
the agency worker alleged that there were circumstances which will constitute grounds for bringing such proceedings. Again, it is immaterial whether or not the relevant duties were not complied with but the claim must be made in good faith; or
the agency worker is, or the relevant person believes they are, entitled to a guaranteed hours offer.
	Under subsection (5), this section does not apply where the agency worker is an employee, and the detriment amounts to dismissal within the meaning of Part 10 of the ERA 1996 (because an employee in such a case can bring a claim for unfair dismissal in line with new section 104BB of the ERA 1996 in relation to guaranteed hours claims).
Part 1: Employment Rights Zero hours workers, etc New Section 47I