Zero hours contracts are contracts which do not guarantee any hours of work per week – ‘normal’ contract of employments will guarantee that a certain number of hours work are to be performed. It was quite a common occurrence to see an exclusivity clause in a zero hours contract, which stipulated that the worker was not permitted to obtain more work for another employee, or to look for more work with another employer without first getting the permission of their existing employer. In May 2015, these exclusivity clauses were made banned and employers could no longer put them into operation. In order to allow workers to enforce their new rights, a new tribunal claim was created. This came into effect on Monday 11th January 2016. Therefore, zero hours employees can claim unfair dismissal if they are dismissed for taking on more work with a different employer, or for doing so without the existing employer’s permission. People working on zero hours contracts who are not employees can make a claim for detriment at employment tribunal if they are subjected to detrimental treatment because they have looked for more work. This claim can be made from day one of employment (i.e. the usual 2 year qualifying service does not apply). Compensation for unfair dismissal/detriment can be as much as £92,585.
Update: Zero hour contract exclusivity clauses
- Employment Contract
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Read our article: 'Update: Zero hour contract exclusivity clauses'. Contact us today for more information about our Employment Law, Health & Safety, and HR services.
FAQs
Got a question? Check whether we’ve already answered it for you…
Related articles
Blog
Employers to do more to Keep Britain Working
The final report of the Keep Britain Working review, carried out by Sir Charlie Mayfield, has been published. The report sets out recommendations for the Government, aimed at “turning the tide” on ill-health and disability in the workplace, including addressing mental health at work, retention of older people in work and improving participation and retention of disabled people in work.
Peninsula Team Peninsula Team- Employment Contract
Blog
The future of employment law enforcement
With the Employment Rights Bill expected to receive Royal Assent imminently, focus has turned to the enforcement of employment law in the UK.
Peninsula Team Peninsula Team- Employment Contract
Blog
Report highlights benefit of home working for the long-term sick and disabled
The House of Lords’ Home-based Working Committee’s report, Is Working from Home Working?, identifies how remote working can enable people to work who might not otherwise be able to do so, due to a disability or sickness and support the Government’s plans to get back people back to work.
Peninsula Team Peninsula Team- Employment Contract
Try BrAInbox for free today
When AI meets 40 years of Peninsula expertise... you get instant, expert answers to your HR and Health & Safety questions