The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (the “Regulations”) came into force on 11 January 2016, providing zero hours workers with the benefit of certain additional rights of redress:
The Regulations provide a remedy for zero hours workers against employers who include exclusivity clauses in their contracts of employment. Exclusivity clauses in zero hours contracts were rendered unenforceable last year by section 153 of the Small Business, Enterprise and Employment Act 2015.
The Regulations give zero hours employees the right not to be unfairly dismissed if the reason, or principal reason, for dismissal is that the employee has failed to comply with an exclusivity clause. Importantly, the right not to be unfairly dismissed in this context is not subject to a qualifying period of employment.
The Regulations also give zero hours employees and workers the right to not be subjected to a detriment for failing to comply with an exclusivity clause.
Where an employer breaches these rights, the employee/worker may issue a claim in the tribunal and seek a declaration and/or compensation.
The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015