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The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (the Regulations) will come into force on 11 January 2016.
The Regulations provide a means of redress to zero hours workers with exclusivity clauses in their contracts of employment. Exclusivity clauses prohibit workers from working for another employment without their employer's consent and were banned from zero hours contracts in 2015.
Under the Regulations, zero hours employees will have the right not to be unfairly dismissed, and both employees and workers will have the right not to be subjected to a detriment, for failure to adhere to an exclusivity clause. The right not to be unfairly dismissed will not be subject to a qualifying period of employment.
The Regulations allow zero hours workers to claim under the existing legislation banning exclusivity clauses from zero hours contracts. It would be advisable to review your existing standard zero hours contract to ensure compliance with the Regulations. We would be happy to assist with the audit process.
It is anticipated that anti-avoidance measures as to be introduced, preventing an employer from seeking to circumvent to zero hours legislation, for example by offering one guaranteed hour of work per year. It is therefore important to ensure that where you are using casual workers, your contractual arrangements are kept under review.