11 January 2016
Over the course of 2015 one of the employment law “hot topics” was zero hours contracts, and Regulations were brought in prohibiting any clause in a zero hours contract which states that a worker could not work elsewhere (an exclusivity clause).
Until today this provision did not really have any “teeth” or means of enforcement, but as of today, Regulations provide that where a zero hours contract employee breaches an exclusivity clause in a contract, and works for another employer, any dismissal of that employee, for that reason, will be automatically unfair irrespective of length of service.
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Similarly where a zero hour contract worker (wider than employee but including employee) is subjected to detriments/unfavourable treatment because they have breached a purported exclusivity clause that will be unlawful and a tribunal claim can be brought.
It remains to be seen how this will impact on the use of zero hours contracts in the UK, but employers who do make use of such contracts should take legal advice.
Contact Douglas Strang, Senior Associate dst@bto.co.uk T: 0141 221 8012