Employment Law expert Katie Bowen Nicholas 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.
To talk to Katie about any aspect of Employment Law call 01733 295 672 or email katie.bowennicholas@hegarty.co.uk.
