The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 came into force on the 11th January 2016. The Regulations provide further protection to employees and workers on Zero Hour Contracts.
On the 26th May 2015 new rules came in to force which restricted employers from including ‘exclusivity clauses’ in the zero hour contracts. An exclusivity clause prevents an employee or worker from working for another employer.
These new Regulations go a step further by providing the right for individuals on a zero hours contract not to be unfairly dismissed or subjected to a detriment if the worker breached or purported to have breached an exclusivity clause. The Regulations provide that:
- any dismissal of a zero hour contract employee is automatically unfair, if the principal reason is that s/he breached a contractual clause prohibiting him/her from working for another employer
- no qualifying period is required to bring such an unfair dismissal claim; and
- it is also unlawful to submit a zero hour worker (note: worker not employee) to detriments if they work for another employer in breach of a clause prohibiting them from doing so.