Section 8 — Exclusivity terms in zero hours arrangements

(1) Section 27B of the Employment Rights Act 1996 (power to make further provision in relation to zero hours workers) is amended as follows.

(2) In subsection (1), for “their contracts or arrangements” substitute “their worker’s contracts or their arrangements”.

(3) In subsection (2)(b), omit “non-contractual”.

(4) In subsection (4)—

(a) in the words before paragraph (a)—

(i) omit “non-contractual”;

(ii) after “arrangement”, in the second place it occurs, insert “(whether contractual or non-contractual)”;

(b) in the words after paragraph (b), omit “non-contractual”.

(5) In subsection (5)(a)(ii), omit “non-contractual”.

(6) In subsection (6)—

(a) after “provision for” insert — (a) ;

(b) after “does not apply” insert— (b) exclusivity terms in prescribed categories of zero hours arrangements that are contractual arrangements to be unenforceable ;

(c) at the end of the subsection insert “or (as the case may be) an individual is restricted from doing any work otherwise than under a worker’s contract entered into in accordance with the zero hours arrangement.”