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The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 come into force today (11 January 2015) and make it unlawful to dismiss an employee for failing to comply with an exclusivity clause in a zero hours contract. The Regulations also make it unlawful to subject a worker or employee to unfavourable treatment for failing to comply with an exclusivity clause.
A zero hours contract is one where a worker undertakes to perform work conditionally on the employer making such work available but where there is no certainty of work being available. An exclusivity clause prevents an employee from doing work or performing services under another contract or from doing work or performing services under another contract without the employer's consent.
Whilst exclusivity clauses in zero hours contracts have been unenforceable since May last year, until now employees did not have a means of enforcing this right. The right not to be unfairly dismissed for failing to comply with an exclusivity clause is not subject to a qualifying period of employment. The employee may issue a claim in the tribunal and seek a declaration and/or compensation.