Section 27BK — Employment Rights Act 1996: Right to reasonable notice of cancellation of or change to a shift

Right to reasonable notice of cancellation of or change to a shift 27BK 1 Subsection (2) applies in relation to an employer and a worker where—

a the employer has given notice of a shift to the worker, b the shift is one that the worker was entitled to reasonable notice of under section 27BJ(1), (2) or (3),

and c where the shift is one that the employer has requested (rather than required) the worker to work, the worker has agreed to work it.

2 The employer must give reasonable notice to the worker of—

a the cancellation of the shift by the employer;

b any change requested or required by the employer consisting of—

i a change to when the shift is to start or end;

ii a reduction in the number of hours to be worked during the shift because of a break in the shift; (but this is subject to section 27BM).

3 It is to be presumed, unless the contrary is shown, that—

a notice of the cancellation of a shift is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the shift would have started (if the shift had not been cancelled);

b notice of a change to when a shift is to start is not reasonable notice for the purposes of subsection (2) if it is given less than a specified amount of time before the earlier of—

i when the shift would have started (if the shift had not been changed),

and ii when the shift is due to start (having been changed);

c notice of any other change to a shift is not reasonable notice for the purposes of subsection (2) if it is given—

i less than a specified amount of time before the shift is due to start;

ii on or after the start of the shift.

4 In this section, “ notice of a shift ” has the same meaning as in section 27BJ.