Zero Hour Contracts and Unfair Dismissal

On 11 January 2016, the Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 came into force.

In May 2015, exclusivity clauses were rendered unenforceable under the Small Business, Enterprise and Employment Act 2015; however there was little opportunity for an employee to enforce the ban against their employers.

Under the new legislation, a zero hour contract worker can now bring a claim for unfair dismissal where the reason for the dismissal is due to the worker breaching a contractual clause, prohibiting him from working for another employer. Additionally, a worker who has suffered detriment, as a result of their breach of the exclusivity clause, will now have the right to bring an action against their employer.

Employers and zero hour contract workers should be aware that, unlike other unfair dismissal claims; there is no qualifying period for a worker to be able to bring this claim.

For further information on this or any other employment related matter please contact Rupert Farr on: 020 7952 6216 or [email protected].

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