The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022, which were laid before Parliament in draft form in July 2022, will now come into force on 5 December 2022.

The regulations will extend the current prohibition on exclusivity clauses in zero hours contracts to cover those low-income workers who are working under an employment contract or worker’s contract which entitles them to net average weekly wages of not more than the lower earnings limit (currently £123 per week). Once in force, any exclusivity clause in their contract which prohibits the worker from doing any work or performing any services under another contract or arrangement, or which prohibits them from doing so without the employer’s consent, will be unenforceable against that worker. The regulations also include provisions for calculating net average weekly wages.

In addition, the regulations make it automatically unfair for such low-income employees to be dismissed, and they create a right for low-income workers not to be subjected to a detriment, where the reason, or principal reason, for dismissal or detrimental treatment is that they breached an exclusivity clause in their contract.

The regulations extend to England, Wales and Scotland.
 

Source: New feed