The proposed ban on exclusivity clauses in zero hours contracts is a “positive move” but may be difficult to enforce, say employment lawyers.
Business secretary Vince Cable announced this week that he intends to ban the clauses, which prevent individuals from working elsewhere even on days when work is not available. The government will consult further on how to prevent employers circumventing the ban, for example, by offering one-hour fixed contracts, and intends to work with unions and businesses to draw up a code of practice.
Cable said the ban would potentially benefit 125,000 workers on the contracts.
Sarah Johnson, employment partner, Pennington Manches, says: “The ban is a positive move because it seems unfair to say to an individual that they can’t work elsewhere if you are unable to guarantee them work.
“The government is looking at ways to stop employers evading the ban, and we’ll have to wait and see what they come up with. In practice, there might be a formal clause in the contract but in reality, if you’re not available to work when wanted then the phone won’t be ringing for you. It’s not necessarily the contract that’s important, it’s how things work in practice.”
The ban will be part of the Small Business, Enterprise and Employment Bill, which is being introduced to Parliament this week.
