Expert Opinion: Ban on exclusivity clauses in zero hours contracts comes into force

As we wait to see what legislative changes lie ahead in the wake of the general election, the ban on exclusivity clauses in zero hours contracts has already come into force.

Last week, new regulations came into force which ban employers from stopping their zero-hours workers from working for other employers. This means these contractual clauses are now unenforceable.

Employers are advised to remove the exclusivity clause from all new zero hours contracts – and reminded that the exclusivity clauses in existing contracts can no longer be relied on.

At the moment, the ban is not backed by any enforcement measures, which means that zero hours workers currently have no way of taking action against employers who try to rely on an exclusivity clause.

However, the Government has indicated that it intends to introduce ways to enforce protections for zero hours workers, and that it is to go further, by banning exclusivity clauses for certain part-time workers.

Richard White is a partner at Withy King solicitors specialising in employment law. Contact him on 01225 730 172 or at Richard.White@withyking.co.uk