0370 270 6000

already registered?

Please sign in with your existing account details.

Sign in with LinkedIn

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

Register with LinkedIn

Forgotten your password?

Home arrow Insights arrow Resources arrow Blogs arrow Outcome on anti-avoidance of exclusivity clauses in Zero Hours Contracts

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

GP contracts: updated expectations and contracting issues

On 9 July NHS England and NHS Improvement issued a letter to primary medical contractors and commissioners updating them on service expectations and contracting issues.

View blog

COVID-19 child protection practice - four months in - lessons learned so far

In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.

View blog

“Caution” is now the watchword when it comes to directly awarding public sectors contracts

The judicial review proceedings brought by the Good Law Project against the Department of Health and Social Care in relation to the £108m contract the Department awarded for PPE in April are about to shine a light on Regulation 32(2)(c) of the Public Contracts Regulations 2015.

View blog

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

View all blogs

mailing list sign up



Select which mailings you would like to receive from us.

Sign up

quick links

information

  1. Investors in people
  2. Lexcel
  4. Plain English Campaign Approved

follow us...

© Copyright Browne Jacobson LLP 2020 - All rights reserved