The Government has now published draft legislation outlawing exclusivity clauses which are designed to prevent workers from working for third parties.
The draft legislation includes a right for zero-hours-contracts workers not to be subjected to a detriment or be unfairly dismissed for failing to comply with an exclusivity clause. A worker who is dismissed on this basis will be able to bring a claim for unfair dismissal from the first day of employment; they will not need to have the usual two years’ service to claim unfair dismissal in an employment tribunal.
The Department for Business, Innovation and Skills, has now published guidance for employers on the use of zero-hours contracts and exclusivity clauses.
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.