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Government to Ban Exclusivity Clauses in Zero Hours Contracts

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

Following a consultation seeking ways to prevent the abuse of zero hours contracts whilst also maximising opportunities both for employers seeking to create jobs and for individuals to obtain work that suits them, the Government has announced that it will ban the inclusion in such contracts of exclusivity clauses that prevent a person working for another employer even where no work is guaranteed under the contract.

The measure is contained in the Small Business, Enterprise and Employment Bill, which was introduced to Parliament on 25 June 2014.

In addition, the Government plans to:

  • consult further on how to prevent rogue employers evading the exclusivity ban, for example through offering 1 hour fixed contracts;
  • work with business representatives and unions to develop a code of practice on the fair use of zero hours contracts by the end of the year (2014); and
  • work with stakeholders to review existing guidance and improve information available to employees and employers on using these contracts.

A summary of the measures contained in the Bill can be found here.

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