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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