Zero-hours contracts

The government has now brought into force the legislation that prohibits the use of exclusivity clauses in zero-hours contracts. These attempt to prevent employees working for other employers. The clauses in contracts that attempt to do this are deemed to be unfair as they prevent an individual who has no regular or guaranteed income (due to the nature of a zero-hours contract) accepting work from another employer. Therefore, such clauses should no longer be used and employers can no longer rely on them.

However, you can still have an express term in a zero-hours contract which provides that any other work undertaken by the employee must not either be in direct or indirect competition with your business or otherwise cause a conflict of interest between one employer and the other. Those clauses will be interpreted in the same way as in any other employment contract – they will still need to pass the test that they are only enforceable if they are deemed necessary to protect your business.

For more information on this or any employment related enquiries contact Philip Sayers on 0800 328 3282 or email info@coodes.co.uk