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A poor fit

17 September 2015 / Janet Barlow , Rebecca Mason
Issue: 7668 / Categories: Features , Employment
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One person’s flexibility is another person’s insecurity: Rebecca Mason & Janet Barlow examine the reforms surrounding zero hour contracts

The much debated pre-election hot topic of zero hours contracts finally saw a reform to the law on 26 March under the Small Business, Enterprise and Employment Act 2015.

Section 153 of the Small Business, Enterprise and Employment Act 2015 amends the Employment Rights Act 1996 (ERA 1996) by inserting a new s 27A banning the use of exclusivity clauses and for the first time giving a statutory definition of a zero hours contract.

In this article we shall be considering the implication of this ban and shall examine this new definition and whether it goes any way to helping establish employment status; a requisite for full employment protection.

Exclusivity

Under s 27A of ERA 1996 exclusivity terms are now unenforceable in zero hours contracts.

Despite all the publicity surrounding the use of such contracts, banning exclusivity clauses does little to improve the rights of those individuals working under them. Although accurate statistics are not available for

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MOVERS & SHAKERS

Russell-Cooke—Susanna Heley

Russell-Cooke—Susanna Heley

Legal director appointment bolsters public and regulatory team

Slater Heelis—five appointments

Slater Heelis—five appointments

Firm appoints training partner and four new trainees

Bolt Burdon Kemp—Natasha Orr

Bolt Burdon Kemp—Natasha Orr

Firm strengthens military claims team with senior associate hire

NEWS
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Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
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