Legislation – Employment Rights Act 2025

“47HZero hours workers and similar

(1)

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that the worker—

(a)

accepted, or proposed to accept, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1),

(b)

rejected, or proposed to reject, an offer from the employer to vary the worker’s terms and conditions of employment or to enter into a new worker’s contract made in compliance (or purported compliance) with the duty imposed by section 27BA(1),

(c)

declined to work a shift (or part of a shift) on the basis of a reasonable belief that the employer failed to comply with a duty imposed by section 27BJ or 27BK in relation to the shift,

(d)

brought proceedings against the employer under—

(i)

section 27BG,

(ii)

section 27BN,

(iii)

section 27BT, or

(iv)

section 27BY(5), or

(e)

alleged the existence of any circumstance which would constitute a ground for bringing any proceedings within paragraph (d) (whether or not the worker referred to the possibility of bringing such proceedings).

(2)

The reference in subsection (1)(b) to a worker who rejected an offer includes a reference to a worker who is to be treated as having rejected an offer (see section 27BE(7)).

(3)

It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance.

(4)

A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that—

(a)

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

(b)

the employer believes that that duty so applies.

(5)

This section does not apply where—

(a)

the worker is an employee, and

(b)

the detriment in question amounts to dismissal within the meaning of Part 10.

(6)

References to “worker” and “employer” in this section, section 48(1BA) and section 49 so far as relating to a complaint under section 48(1BA) are to be read with the modifications set out in—

(a)

section 27BJ(7), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BJ or 27BK;

(b)

section 27BP(8), in connection with a complaint of detriment in contravention of this section relating to a duty imposed by section 27BP(1) or 27BR(2).

(7)

In this section “reference period” has the same meaning as in Chapter 2 of Part 2A (see section 27BA(4)).”