Zero Hours Contracts

New legislation introduced regarding exclusivity clauses

Last year, on 26 May 2015, legislation was introduced which prevented an employer enforcing exclusivity clauses in zero hour contracts. The Employment Rights Act 1996 was amended to reflect this and a new section, 27A, was inserted.

Further protection has now been introduced for workers employed under a zero hour’s contract. As of Monday 11 January 2016 The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 has now come into force and provides that:

  • An employee working under a zero hour’s contract is unfairly dismissed if the reason, or principal reason, for the dismissal is due to the zero hour’s contract. Please note that the qualifying period does not apply and, as such, the dismissal is automatically unfair.
  • A worker who works under a zero hours contract has the right not to be subjected to any detriment if he is undertaking work, or performing services, for another employer.

To review the legislation in more detail please follow the link.

For further information in respect of this or any other employment issues, please do not hesitate to contact Nicola Cockerill or our employment department on 01733 882800.

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This article has been prepared for general interest and information purposes only; it does not constitute legal advice and should not be relied on as such. While all possible care has been taken in the preparation of this article, no responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by the firm or the authors.