New law to enforce exclusivity clauses in zero hours contracts
Implementation date: 11 January 2016
The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (SI 2015/2021) provide protection for workers on zero hours contracts.
An employee on a zero hours contract is protected from detriment and dismissal (irrespective of age or length of service) for breaching an exclusivity clause in his or her contract of employment by doing work or performing services under another contract or other arrangement. An employee will be able to bring a complaint of unfair dismissal if she or she is dismissed for failing to comply with an exclusivity clause in a zero hours contract. The dismissal will be automatically unfair and there is no requirement for the employee to have the normal qualifying service to bring a claim.
A worker on a zero hours contract will be able to bring a complaint to an employment tribunal for compensation if he or she is subjected to a detriment for breaching an exclusivity clause in his or her contract of employment by doing work or performing services under another contract or other arrangement.