Section 27BG Employment Rights Act 1996

Section 27BG of the Employment Rights Act 1996 is about Complaints to employment tribunals: grounds. It provides as follows:

(1)A worker may present a complaint to an employment tribunal that—

(a)the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b)by the end of the last day of the offer period, the employer has not made an offer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract in compliance (or purported compliance) with that duty (whether because the employer does not consider that the worker is a qualifying worker in relation to the reference period or for any other reason).

(2)A worker may present a complaint to an employment tribunal that—

(a)the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b)the offer that the employer has made to the worker in relation to that reference period to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract is not a guaranteed hours offer as described in—

(i)where regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (3) of that section (read with any regulations in force under subsection (5)(a) or (b) of that section), or

(ii)where no regulations are in force under subsection (2) of section 27BB that apply in relation to the offer, subsections (1) and (4) of that section (read with any regulations in force under subsection (5)(a) of that section).

(3)A worker may present a complaint to an employment tribunal that—

(a)the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b)the guaranteed hours offer that the employer has made to the worker in relation to that reference period—

(i)takes the form of an offer to vary the worker’s terms and conditions of employment where that is prohibited by section 27BB(6),

(ii)does not comply with section 27BB(7), or

(iii)does not comply with section 27BB(8).

(4)A worker may present a complaint to an employment tribunal that—

(a)the duty imposed by section 27BA(1) applies to the worker’s employer in relation to the worker and a particular reference period, but

(b)the guaranteed hours offer that the employer has made to the worker in relation to that reference period is on terms requiring the employer to provide, and the worker to do, less work than would have been the case if the employer had not, during that reference period—

(i)limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(ii)decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of being able to comply with the duty by making such a reduced offer.
(5)A worker may present a complaint to an employment tribunal that the duty imposed by section 27BA(1) would have applied to the worker’s employer in relation to the worker and a particular reference period if the employer had not, during that reference period—

(a)limited (by whatever means, including termination of a worker’s contract or an arrangement) the number of hours of work made available to the worker, or

(b)decided to make work available to the worker in the way that the employer did,

for the sole or main purpose of preventing the worker from satisfying, in relation to that reference period, one or more of the conditions in section 27BA(3)(b) to (d).
(6)A complaint under subsection (2), (3) or (4)—

(a)may be presented whether or not the offer in question has been accepted by the worker, but

(b)may not be presented in relation to an offer that is—

(i)treated as having been withdrawn by virtue of section 27BD(2) or regulations under section 27BD(6), or

(ii)withdrawn in accordance with section 27BY(3) (withdrawal of offer following incorporation of terms of collective agreement).

(7)A worker may present a complaint to an employment tribunal that the worker’s employer—

(a)has failed to give to the worker a notice under section 27BD(8) or (9);

(b)has given to the worker a notice under section 27BD(8) or (9)(b) in circumstances in which the employer should not have done so;

(c)has given to the worker a notice in purported compliance with section 27BD(9) that does not refer to any provision of the regulations or refers to the wrong provision.

(8)A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with—

(a)the duty imposed by section 27BF(1);

(b)the duty imposed by section 27BF(2).

(9)In this section “the last day of the offer period”, in relation to a reference period, means the day specified under section 27BB(11)(a) as the last day on which a guaranteed hours offer may be made in relation to that reference period.

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Source: legislation.gov.uk
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