header-logo header-logo

A poor fit

17 September 2015 / Janet Barlow , Rebecca Mason
Issue: 7668 / Categories: Features , Employment
printer mail-detail
nlj_7668_barlow

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll