What do we already know?
In a July 2014 Newsflash Zero hours contracts – ban on exclusivity we let you know that the Government had announced plans to, amongst other things, ban exclusivity clauses in zero hours contracts. The Government then launched a consultation, Banning Exclusivity Clauses: Tackling Avoidance, on how to prevent employers avoiding the exclusivity ban.
The Government has published the results of its consultation on the proposed ban of exclusivity clauses in zero hours contracts, available here. As a result of the consultation, the Government has issued the draft Zero Hours Workers (Exclusivity Terms) Regulations 2015 for consideration by Parliament. These draft regulations outline the Government proposals for tackling anti-avoidance such that:
However, it appears that the above measures will not apply where a worker receives at least £20 per hour.
It is worth noting also that given the general election is only weeks away, these proposals may not survive a change in Government.