Section 27BL — Sections 27BJ and 27BK: supplementary

(1) [F1 None of the duties imposed by sections 27BJ and 27BK applies in relation to a shift that would be (or would have been) worked, or is being worked, by a worker as an agency worker (but see Part 2 of Schedule A1 for provision about rights of agency workers to reasonable notice in relation to shifts).]

(2) [F1 Where a worker suggests working a shift and the employer agrees to the suggestion—]

(a) [F1 the duties imposed by section 27BJ(1), (2) and (3) do not apply in relation to the shift as suggested by the worker, but]

(b) [F1 the duty imposed by section 27BK(2) applies (even though the conditions in section 27BK(1) have not been met).]

(3) [F1 Section 27BJ(6) applies for the purposes of subsection (2) of this section as if section 27BJ(6)(c) referred to what the worker suggests rather than what the employer requests or requires.]

(4) [F1 In sections 27BJ and 27BK, references to a request to work a shift made by an employer to a worker include a request (a “multi-worker request”) made by the employer to the worker and one or more others in circumstances where the employer does not need the shift to be worked by all of those to whom the request is made.]

(5) [F1 For the purposes of section 27BK, where an employer has made a multi-worker request to a worker in relation to a shift, references to the cancellation of the shift include the worker not being needed to work the shift because one or more others have agreed to work it.]

(6) [F1 The Secretary of State may by regulations make provision about—]

(a) [F1 the form and manner in which notice under sections 27BJ and 27BK must be given;]

(b) [F1 when notice under those sections is to be treated as having been given.]

Amendment notes

1. F1 Pt. 2A Ch. 3 inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 2, 159(3); S.I. 2026/3, reg. 2(2)(b)