Zero Hours contracts – exclusivity ban consultation

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Following the proposed ban on exclusivity clauses in zero hours contracts the Government is currently consulting on a range of potential measures to stop employers avoiding the ban. This is likely to include measures to prevent employers getting around the ban by, for example, offering minimum ‘one-hour’ contracts or by making it clear to employees that they won’t receive further hours if they are found to be working for other employers. Sector-specific codes of practice on the fair use of zero hours contracts including the thorny issue of how to calculate accrued benefits for zero hours workers are also planned.

It has been reported that group litigation is being brought by zero-hours workers against a large retailer following a decision to exclude such workers from participating in a bonus scheme. If you employ zero-hours workers on a regular and continuous basis they may be entitled to the same contractual benefits as workers with fixed hourly contracts.