Warning on zero hours contracts

A solicitor has warned that “Exclusivity” terms in zero hours contracts could be in breach of new regulations .

“Employees who are required to work exclusvely for an employer but with no guarantee of work (a zero hours contract) will be able to bring a claim for unfair dismissal,” warned Charlotte Powell of Harrisons Solicitors.

“Regardless of years of service if they are dismissed as a result of their failure to honour the exclusivity clause, and they decide to work elsewhere, they could claim unfair dismissal.

“Similarly, workers will be able to bring a claim for detriment in the event that they receive similar treatment in these circumstances.

“Zero hours contracts offer freedom and flexibility for both employers and employees in deciding how much work they can offer and undertake,” she added.

“However, since the introduction of The Exclusivity Terms in Zero Hour Contracts (Redress) Regulations 2015 on the 11 January 2016, it is inadvisable to limit the staff’s freedom to work elsewhere as it will result in claims.

“Zero hours contracts have been subject to criticism in the employment tribunal and media, and these regulations go some way to restore the original benefits of the zero hours contracts for employees.

“Employers who want the certainty that staff will be available at busy times, should offer fixed term contracts with fixed hours.

“There is no difficulty with retaining the use of zero hours contracts, in the event that the spirit of flexibility is retained and staff have the option to refuse work and the freedom to work elsewhere.”