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Zero Hour Exclusivity Act of 2015  

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cward
(@cward)
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31/05/2019 10:56 pm  

An Act to ban exclusivity clauses in zero-hour contracts; and for connected purposes

BE IT ENACTED, by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

 

  1. Definitions

(1)In this section “zero hours contract” means a contract of employment or other worker’s contract under which—

(a)the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and

(b)there is no certainty that any such work or services will be made available to the worker.

(2) <"Act" has the same meaning as in Section 21 of the Interpretation Act 1978.>

 

  1. Provisions

For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.

Any provision of a zero hours contract which—

(a)prohibits the worker from doing work or performing services under another contract or under any other arrangement, or

(b)prohibits the worker from doing so without the employer’s consent,

is unenforceable against the worker.

 

Power to make further provision in relation to zero hours workers

(1)The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are not restricted by any provision or purported provision of their contracts or arrangements with their employers from doing any work otherwise than under those contracts or arrangements.

 

(2)The worker’s contracts which may be specified by virtue of subsection (2)(c) are those in relation to which the Secretary of State considers it appropriate for provision made by the regulations to apply, having regard, in particular, to provision made by the worker’s contracts as to income, rate of pay or working hours.

(3)In this section “non-contractual zero hours arrangement” means an arrangement other than a worker’s contract under which—

(a)an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but

(b)the employer is not required to make any work available to the individual, nor the individual required to accept it,and in this section “employer”, in relation to a non-contractual zero hours arrangement, is to be read accordingly.

(4)Provision that may be made by regulations under subsection (1) includes provision for—

(a)modifying—

(i)zero hours contracts;

(ii)non-contractual zero hours arrangements;

(iii)other worker’s contracts;

(b)imposing financial penalties on employers;

(c)requiring employers to pay compensation to zero hours workers;

(d)conferring jurisdiction on employment tribunals;

(e)conferring rights on zero hours workers.

  1. Short title, commencement and extent

(1) This Act may be cited as the Zero Hour Exclusivity Act of 2015.

(2) This Act comes into force on upon Royal assent

(3) This Act extends to the whole of England

Calvin Ward Labour MP for Tottenham

Parliamentary- 12
Media- 9
Policy- 5


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