Exclusivity Terms in Zero Hours Contracts (Redress) Regulations in force

The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 came into force on 11 January 2016 providing a remedy for those people on zero hours contracts who are dismissed or subjected to a detriment for failing to comply with an exclusivity clause, i.e. doing work or performing services under another contract or under any other arrangement.

The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 came into force on 11 January 2016 providing a remedy for those people on zero hours contracts who are dismissed or subjected to a detriment for failing to comply with an exclusivity clause, i.e. doing work or performing services under another contract or under any other arrangement. Readers will recall that exclusivity clauses in zero hours contracts were rendered unenforceable on 26 May 2015 under S.27A(3) of the Employment Rights Act 1996. The Government indicated at that time that ‘enforcing’ regulations would follow. Some 8 months later, the Redress Regulations 2015 now give zero hours employees the right not to be unfairly dismissed and zero hours employees and workers the right to not be subjected to a detriment for failing to comply with an exclusivity clause. If an employment tribunal finds that a complaint that the right has been infringed is well founded, it must order the employer to pay compensation it considers just and equitable.

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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