Exclusivity clauses in zero hour contracts

10 June 2015

Acas has published useful information regarding the recent change in legislation making clauses that prohibit a worker on zero hours contracts from carrying out work for another employer unenforceable.

Legislation came into force on 26 May making clauses that prohibit a worker on zero hours contracts from carrying out work for another employer unenforceable.

Zero-hours contracts may still suit some people who want occasional earnings and are able to be entirely flexible about when they work. However, the unpredictable nature of working times means that they won't be for everyone.

If you are considering taking on people on a zero-hours basis, it's important to be aware of your responsibilities as an employer and to set out the terms of any contract clearly.

Key points:

  • Zero hours contracts normally mean there is no obligation for employers to offer work, or for workers to accept it.
  • Most zero hours contracts will give staff 'worker' employment status.
  • Zero hours workers have the same employment rights as regular workers, although they may have breaks in their contracts, which affect rights that accrue over time.
  • Zero hours workers are entitled to annual leave, the National Minimum Wage and pay for work-related travel in the same way as regular workers.

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