Section 27BW — Employment Rights Act 1996: Zero hours workers, etc

Zero hours workers, etc 27BW 1 This section applies in relation to—

a a duty imposed on an employer in respect of a worker, and b a right conferred on a worker in respect of an employer, by or under any provision of Chapter 2, 3 or 4.

2 The duty or right is excluded if—

a the worker is employed by the employer under a worker’s contract (“the contract”),

b a relevant collective agreement contains—

i terms that expressly exclude the duty or right, and ii terms that expressly replace the excluded duty or right, c the terms within paragraph (b)(ii) are incorporated into the contract, and d the employer notifies the worker in writing of the incorporation and effect of those terms.

3 A relevant collective agreement is a collective agreement that is—

a in writing, and b made by or on behalf of—

i one or more trade unions which each have a certificate of independence, and ii the worker’s employer.