The Acas’ discussion paper Give and take? Unravelling the true nature of zero-hours contracts looked at recent research around zero hours contracts as well as employers and employees that called the Acas helpline about these contracts. On average there were 70 calls a week about zero hours contracts to the helpline. The use of exclusivity clauses did not emerge as a significant concern amongst callers but a feeling of ‘effective exclusivity’ did emerge as a major concern.
Acas Chair, Sir Brendan Barber, said: “Our analysis reveals that many workers on zero hours contracts experience a deep sense of unfairness and mistrust that go beyond the use of exclusivity clauses. “A lot of workers on zero hours contracts are afraid of looking for work elsewhere, turning down hours, or questioning their employment rights in case their work is withdrawn or reduced. This deep rooted 'effective exclusivity' can be very damaging to trust and to the employment relationship. There also appeared to be a lack of transparency on the terms of their contractual arrangements. Many people did not seem to even know that they were on a zero hours contracts and some believed they were on a permanent contract due to the length of their service.”
In its response to the BIS consultation, on 18 March 2014, the Acas Council recommend new guidance on zero hours contracts so that both employees and employers are very clear on the working arrangements they are agreeing to. Acas Council also welcomed the opportunity for Acas to work closely with government on addressing this issue and made further recommendations around the need for further research.
Brendan Barber added: “We believe that zero hours contracts with exclusivity clauses where there is no guarantee of work are likely to have a negative impact on employment relations – such clauses are likely to be unhelpful for both employers and employees. “These clauses undermine trust in the employment relationship and create insecurities for employees both in terms of their pay and their choices for working elsewhere. There is a need for more research to take a closer look at the relationship between different forms of employment, the effect of economic cycles and the impact that outsourcing is having on certain sectors such as contracting out by the NHS and social services.” Acas is planning to provide guidance on how to manage different kinds of contractual arrangements which includes zero hours contracts.
