0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

outcome on anti-avoidance of exclusivity clauses in zero hours contracts

13 March 2015

As a result of concerns that employers could avoid a ban on exclusivity clauses in ZHC (e.g. by offering 1 hour contracts), the Government has announced plans to introduce draft regulations, ensuring that:

  • exclusivity terms are unenforceable unless there is a guaranteed minimum level of income for the worker. It is proposed that the minimum income will be calculated by reference to an agreed number of hours multiplied by the National Minimum Wage.
  • if the employer subjects the worker to detriment on grounds that they performed services for another employer, the worker will be entitled to seek compensation through an Employment Tribunal and the employer could be subject to financial penalties.

It appears that it is proposed that these measures will not apply where a worker receives at least £20 per hour.

It remains to be seen to what extent these proposals will remain in force following the general election but nevertheless an important development to note.

related opinions

Job Support Scheme

The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.

View blog

Costs in the Employment Tribunal

At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.

View blog

Employment tribunal changes ahead

There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.

View blog

World Patient Safety Day - health worker safety: a priority for patient safety

The theme for this year’s World Patient Safety Day is “Health Worker Safety: A priority for Patient Safety” and whilst there are many different aspects to this in terms of both physical and psychological safety is vital to promote learning and improve patient safety.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up