Section 27A — Exclusivity terms unenforceable in zero hours contracts

(1) [F1 In this section “zero hours contract” means a contract of employment or other worker's contract under which—]

(a) [F1 the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and]

(b) [F1 there is no certainty that any such work or services will be made available to the worker.]

(2) [F1 For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.]

(3) [F1 Any provision of a zero hours contract which—]

(a) [F1 prohibits the worker from doing work or performing services under another contract or under any other arrangement, or]

(b) [F1 prohibits the worker from doing so without the employer's consent,]

[F1 is unenforceable against the worker.]

(4) [F1 Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.]

Amendment notes

1. F1 Pt. 2A (ss. 27A, 27B) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 153(2), 164(1) (with s. 153(2)); S.I. 2015/1329, reg. 2(g)