New Section 27BC of the ERA 1996 makes additional provisions around requirements relating to a guaranteed hours offer, where a worker had more than one set of terms and conditions of employment during the reference period.
	Subsection (1) provides that Section 27BC applies where:
a guaranteed hours offer takes the form of an offer of a new contract, and
the worker worked for the employer under more than one contract, during the relevant reference period and these contracts did not have the same terms and conditions (other than those relating to working hours and length of employment) – i.e. they worked for the employer under various contracts which contain different terms and conditions during the reference period – or
the worker worked under a single contract during the relevant reference period, but their terms and conditions (other than those relating to working hours and length of employment) were varied during the reference period. i.e. the employer had varied their contract during the reference period.
	Subsection (2) provides that – where subsection (1) applies (i.e. the worker had various terms and conditions during the relevant reference period) – the employer’s offer of guaranteed hours in the form a new contract which proposes new terms and conditions, can (in addition to the working hours which must be provided under Section 27BB(1) and (2) or 27BB(1) and (4)) – when taken as a whole be less favourable than the most favourable terms and conditions the worker has had during the reference period (other than those relating to working hours and length of employment), i.e. the employer does not have to replicate the best terms and conditions of employment the worker ever had during the reference period. However, this only applies when:
the proposed terms and conditions – overall – are no less favourable than the least favourable terms and conditions relating to matters other than working hours and length of employment. In other words, an employer cannot propose terms and conditions which are, on the whole, worse than those the worker had during the reference period, and
the employer has proposed these terms and conditions as a proportionate means of achieving a legitimate aim.
	Subsection (3) provides that – if an employer relies on subsection (2) (providing terms and conditions that do not replicate the best the worker had during the reference period) when making an offer of guaranteed hours with less favourable terms, the employer must give the worker a notice that:
states that the employer is relying on subsection (2), and
explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.
	Subsection (4) provides that a notice under subsection (3) must be given by the same day and in the same form and manner, as the offer of guaranteed hours, as set out in accordance with section 27BB(11).
Part 1: Employment Rights Zero hours workers, etc New Section 27BC