Section 27BK Employment Rights Act 1996

Section 27BK of the Employment Rights Act 1996 is about Right to reasonable notice of cancellation of or change to a shift. It provides as follows:

(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.

---

Source: legislation.gov.uk
Contains public sector information licensed under the Open Government Licence v3.0. © Crown copyright. Users may consult legislation.gov.uk for the most current version.