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ARTICLE · 26 JANUARY 2016

Exclusivity Terms In Zero Hour Contracts

Following on from our update in May 2015 advising that exclusivity clauses in zero hours contracts had become unlawful, new anti-avoidance regulations are now in force, as of 11 January 2016...

United KingdomEmployment and HR

Following on from our update in May 2015 advising that exclusivity clauses in zero hours contracts had become unlawful, new anti-avoidance regulations are now in force, as of 11 January 2016, which provide some real protection for employees and workers operating under these contracts.

The Small Business, Enterprise and Employment Act 2015 amended the Employment Rights Act 1996 last year to provide that exclusivity clauses in zero hours contracts are unenforceable but did not include any sanctions for employers who continued to apply such restrictions.  The aim of the Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 is to ensure that individuals engaged on zero hours contracts have a remedy if their employer seeks to prevent them from working for other employers.

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