We reported previously that changes have been made to protect workers on Zero Hour Contracts. As of 11/01/2016 regulations come into force to strengthen that protection against unfair dismissal and detriment.
Zero Hour Contracts are contracts of employment that do not guarantee there will be any work. There used to be little protection afforded to the worker because such contracts could contain exclusivity clauses, which are clauses in the contract that prohibit the worker from working for another employer. Although these have now been banned, it is still the case that some employers may have them in place, or the contract may require workers to take shifts they are offered leaving them with little flexibility.
The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 have been enforced today and provide greater ever protection for zero hour contract workers and employees. If a zero hour contract employee is dismissed for a breach of an exclusivity clause (which prohibits them for working for another employer) that is automatically deemed unfair dismissal, and no qualifying period of time is needed in order to bring a claim. The Regulations also make it unlawful to treat zero hour workers detrimentally if they work for another employer and breach a clause in their contract which prohibits them from doing so.
For further information on exclusivity clauses or any aspect of HR and employment law contact us on 0114 3032300 or email firstname.lastname@example.org.