Exclusivity clauses banned

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Exclusivity clauses in zero-hours contracts are now banned. From January 2016, workers have the right to make an employment tribunal claim when an employer punishes them for breaching an exclusivity clause in a zero-hours contract.

The exclusivity clause was a common inclusion in zero-hours contracts and used to prevent workers engaging in work for another organisation when no work is on offer. It is unlawful for an employer to hinder a workers right to earn an income in this way.

In addition, an employer must not try to work around the banning of exclusivity clauses by stipulating that a worker must ask their permission to seek work elsewhere. Either written down or verbalized, the exclusivity clause is now no more.


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