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Zero hours guidance
As you may be aware, the ban on exclusivity clauses became law in May 2015 as part of a number of employment-law related measures contained in the first commencement order under the Small Business, Enterprise and Employment Act 2015.

But if you are still confused about the nature of zero hours contracts and how you can use them, new guidance has been produced. Draft regulations intended to deal with employers trying to avoid the exclusivity clauses have also been published, although there is no date given on when they are expected to come into force.

The draft regulations provide:

* a right for employees working under zero hours contracts not to be unfairly dismissed if the reason, or principal reason, is that the employee has failed to comply with an exclusivity clause; and
* a right for workers working under zero hours contracts not to be subjected to any detriment by, or as a result of, any act, or deliberate failure to act, done by an employer for the reason that the worker has failed to comply with an exclusivity clause.

See http://www.acas.org.uk/zerohours from Acas and
https://www.gov.uk/government/publications/zero-hours-contracts-guidance-for-employers/zero-hours-contracts-guidance-for-employers from BIS
Posted on 19 Nov 2016


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