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In our continuing following of the issue of zero hours contracts we have looked at the Zero Hours Contract Bill 2013-2014 and Well-Managed Zero-Hours Contracts – Tips for Employers. We can now confrm that the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (SI 2015/2021) (the Regulations) were made on 14 December 2015 and will come into force on 11 January 2016.
Back in July 2015 we highlighted the fact that exclusivity clauses in zero hours contracts were rendered unenforceable under section 27A(3) of the Employment Rights Act 1996 which was inserted by section 153 of the Small Business, Enterprise and Employment Act 2015 - see more here: What Employers Should Know About Zero Hours Contracts
The new regulations, which come into force on 11 January 2016, give zero hours employees the right not to be unfairly dismissed and zero hours employees and workers the right to not be subjected to a detriment for failing to comply with an exclusivity clause and provides a remedy for zero hours workers against employers who include exclusivity clauses in their contracts of employment.
The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2015 (SI 2015/2054) was made and laid before Parliament on 17 December 2015 and amends the Regulations to extend the time limit for bringing a claim where this is necessary to facilitate Acas early conciliation. The Order will also come into force on 11 January 2016.
If you are thinking of employing staff on a zero hours arrangement or would simply like to review your current contracts of employment give us a call today on 0370 218 5662. You can also find out more about our fixed fee HR packages here and fixed fee employment law packages here, or get in touch.