Zero Hours Contracts: Exclusivity Clauses Banned From Today


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Posted on 26 May 2015

The ban on exclusivity clauses in zero hours contracts has come into force today.

Provisions of a zero hours contracts which prohibit the worker from:

  • doing work or performing services under another contract or under any other arrangement; or
  • doing so without the employer’s consent
  • will no longer be enforceable against the worker.  

    However, the Government has not yet enacted any anti-avoidance measures, meaning that as things currently stand a zero hours worker will have no recourse if, for example, their employer decides not to offer them any further shifts as a result of them working elsewhere.  Likewise employers can get round the ban by contractually guaranteeing a low number of hours, so that the contract is no longer a zero hours contract. 

    The Government has confirmed that it will be introducing anti-avoidance measures but it is not currently clear when these will be in force. 

    The articles published on this website, current at the date of publication, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your own circumstances should always be sought separately before taking any action.