New Section 27BA of the ERA 1996 outlines the new right to guaranteed hours.
	Subsection (1) provides that an employer must make an offer of guaranteed hours to a qualifying worker after the end of every reference period (the length of which will be defined in regulations).
	Subsection (2) explains that Section 27BD makes provision for exceptions to the duty on employers to offer guaranteed hours, including in certain cases where the worker is no longer employed by the employer.
	Subsection (3) sets out the qualifying criteria for the right to guaranteed hours for a reference period. It provides that a worker will be a qualifying worker if:
during the reference period the worker was employed by the employer under one or more contracts, including zero hours contracts, zero hours arrangement or a contract that provides a number of hours that is below the hours threshold that will be specified in regulations.
the worker had worked some hours under the contract(s) they had with the employer (reference period hours), or where the worker has a contract that provides a number of hours, the hours worked by the worker exceeded the number of hours provided for in the contract.
the hours the worker worked during the reference period satisfied any conditions set by regulations in relation to the regularity of the hours, the number of hours worked, or any another condition otherwise specified.
the worker was not an agency worker or other type of excluded worker as specified by regulations when they worked the hours during the reference period. Further information about guaranteed hours and agency workers can be found in Part 1 of Schedule A1 of the ERA 1996.
	Subsection (4) provides that a reference to the term ‘reference period’ means either the initial reference period or each subsequent reference period.
	Subsection (5) defines the initial reference period to mean a period:
beginning with either the day on which the right to guaranteed hours offer comes into force (the commencement day) if the worker is employed by the employer on that day or, when the worker is not employed by the employer on the commencement day, the first day they are employed by the employer.
and ending on a day specified by regulations. i.e. the length of the initial reference period will be set in regulations.
	Subsection (6) defines the ‘subsequent reference period’ to mean a period beginning and ending on days specified in regulations.
	Subsection (7) provides that where a worker is a qualifying agency worker under Schedule A1 of the ERA 1996, and that agency worker accepts a guaranteed hours offer from a hirer after a reference period so that (respectively) they become a worker and an employer, that worker will not be entitled to a new initial reference period. Instead, the former agency worker’s next reference period will be a subsequent reference period.
	Subsection (8) defines ‘qualifying worker’ and ‘the relevant reference period’ for the purpose of this Chapter 2.
	Subsection (9) clarifies which contracts should be disregarded in the application of the right to guaranteed hours in circumstances where a worker has more than one contract with an employer. In a situation where a worker is engaged on such model of ‘parallel contracts’ - subsection (9) makes clear that where the worker does not exceed the minimum number of guaranteed hours they have on their contract(s) of the type described at (3)(a)(ii), then such contract(s) (including its terms) should be disregarded and treated by the employer as if it did not exist when making a guaranteed hours offer.
	Subsection (10) provides that subsection 11 applies where a worker is on a contract or arrangement which allows the employer to make a number of hours work available over a period longer than the reference period but provides no or little information as to when the hours must be worked exactly (e.g. if the initial reference period was 12 weeks long and the worker is on an annualised hours contract and must work 200 hours per year with no other information). Subsection (10) provides that "the unassigned hours" means hours that may be made available during the longer period (i.e. all of the days the hours could be made available whether in the reference period or another period) for the purpose of subsection (11).
	Subsection (11) provides a calculation to determine an ‘apportioned number’ of the unassigned hours so that it can be established whether a worker on this type of contract or arrangement would be a qualifying worker. The apportioned number is effectively then treated as if it were the minimum number of hours that need to be given to the worker by the employer during the reference period under the worker’s contract or arrangement.
	Subsection (12) provides that when the worker has a contract for more than one longer period the calculation in subsection (11) should be applied separately to each longer period.
	Subsection (13) provides that an employer is not restricted from making – if they wish – an offer(s) to the qualifying worker to vary a worker’s terms and conditions of employment or enter into a new contract, at the same time as making an offer of guaranteed hours.
	Subsection (14) provides that the regulations made under subsection (3)(d), (5) or (6) may make provisions around time when an individual is not working, for a reason which is also specified in regulations.
	Subsection (15) places a statutory duty on the Secretary of State to consult persons, as the Secretary of State considers appropriate, before making the first regulations to specify when the initial reference period is to end and when a subsequent reference period is to begin and end.
	Subsection (16) provides that ‘excluded worker’ will be described in regulations.
Part 1: Employment Rights Zero hours workers, etc New Section 27BA