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Regulations provide protection for breach of unenforceable exclusivity clauses

On 26 May 2015 provisions came into force under sections 27A and 27B of the Employment Rights Act making exclusivity clauses in zero hours contracts (ZHCs), which prohibit a worker from undertaking work under any other contract, unenforceable.

On 26 May 2015 provisions came into force under sections 27A and 27B of the Employment Rights Act making exclusivity clauses in zero hours contracts (ZHCs), which prohibit a worker from undertaking work under any other contract, unenforceable. The Government have now laid The Draft Exclusivity Terms In Zero Hours Contracts (Redress) Regulations 2015 before Parliament. The Regulations will give the right for eligible employees on ZHCs not to be unfairly dismissed (no service qualification is needed), and eligible workers not to be subjected to a detriment, because they have breached an unenforceable exclusivity clause in a ZHC. The Regulations will come into force at the end of the period of 28 days beginning with the day on which they were made. 

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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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