Section 27BW | Zero hours workers, etc ^F1

(1)This section applies in relation to—^F1

(a)a duty imposed on an employer in respect of a worker, and^F1

(b)a right conferred on a worker in respect of an employer,^F1

by or under any provision of Chapter 2, 3 or 4.

(2)The duty or right is excluded if—^F1

(a)the worker is employed by the employer under a worker’s contract (“the contract”),^F1

(b)a relevant collective agreement contains—^F1

(i)terms that expressly exclude the duty or right, and^F1

(ii)terms that expressly replace the excluded duty or right,^F1

(c)the terms within paragraph (b)(ii) are incorporated into the contract, and^F1

(d)the employer notifies the worker in writing of the incorporation and effect of those terms.^F1

(3)A relevant collective agreement is a collective agreement that is—^F1

(a)in writing, and^F1

(b)made by or on behalf of—^F1

(i)one or more trade unions which each have a certificate of independence, and^F1

(ii)the worker’s employer.^F1