The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015
In May 2015, legislation came into force which stated that any clauses in zero hours contracts that prohibited a worker from working for another employer would be unenforceable. Following the introduction of the ban, if an employee was dismissed for working for another employer, and they did not have two years’ service, they would have no redress in the Employment Tribunal.
Therefore, a claim for unfair dismissal can only be brought by employees with two years’ continuous service, unless the reason for their dismissal is an automatically unfair one, where employees do not need to show that the reason for the dismissal does not apply, or the procedure was unfair.
The redress regulations provide that:
- The dismissal of an employee on a zero hours contract is automatically unfair if the principal reason is that they breached a clause in their contract which sought to stop them from working for another employer;
- There is no qualifying period for bringing such an unfair dismissal claim; and,
- Zero hours individuals cannot face a detriment if they work for another employer in breach of a clause which sought to stop them from doing so.