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Exclusivity clauses within zero hour contracts are now unenforceable
Written by The Law Store
Prior to the 2015 general election, a key part of the Conservative’s election campaign was to ban any clauses within the zero hour contract which required exclusivity from the worker. Although these workers were not guaranteed work, the exclusivity clause allowed the employer to prevent hourly staff working for another employer.
For far too long, the exclusivity clause meant that zero hour contract workers could lose out on work for a significant amount of time, being unable to earn a wage elsewhere.
However new legislation, effective from 26th May now prevents employers from using exclusivity clauses in zero hour contracts. This ban was included as part of the Small Business, Enterprise and Employment Act 2015. Therefore in theory workers on zero hour contracts can now have as many jobs with as many different employers as they like.
Many people have argued in favour of this change as the exclusivity clause prevented workers from boosting their income when they had no guaranteed work. As a result, zero hour contract workers will now have the opportunity to control both their work hours and income.
However in contrast, some have suggested that whilst this change shows positive progressions in employment conditions there is still cause for concern. The concern raised demonstrated how zero hour contract employers could potentially sidestep the exclusivity ban by perhaps just offering contracts that guarantee just one hour of work.
But what do you think? Share your story in the LawStore Social Employment Law Forum today!
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If you are currently having an issue in regards to your employment contract, our dedicated team of employment law solicitors can help you!
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