Employment Law expert Tim Thompson advises on zero-hours contracts.
Q. I currently work on a zero-hours contract. I have been offered another zero-hours contract with a different employer that I would like to accept in addition to my current job. I have noticed my contract says I can’t work for another company though. Where do I stand?
A. In May 2015, the Government banned the use of exclusivity clauses in zero-hours contracts, making exclusivity clauses unenforceable.
In addition, the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015, that came in to force in January 2016, protect zero-hours workers from any detriment as a result of ignoring exclusivity clauses by working for another employer.
In practice this means that you are within your rights to take up the new zero-hours contract in addition to your current contract. You are protected from being dismissed primarily for the reason that you have breached the exclusivity clause in your zero-hours contract and would also be entitled to bring a claim for automatic unfair dismissal should you be dismissed for this reason.
You would also be entitled to seek compensation for any detriment that occurred as a result of taking up other employment; such as withholding hours or being treated less favourably than colleagues.
Tim Thompson has over 30 years legal experience and advises on all areas of employment law for both employers and employees. To talk to Tim about any aspect of Employment Law call 01733 295606 or email firstname.lastname@example.org.