The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 will come into force on 11 January 2016.

These new Regulations provide a remedy for zero hours workers against employers who include exclusivity clauses in their contracts of employment. Exclusivity clauses in zero hours contracts are already unenforceable.

The Regulations provide:

• A right for employees working under zero hours contracts not to be unfairly dismissed if the reason, or principal reason, is that the employee has failed to comply with an exclusivity clause.
• A right for workers working under zero hours contracts not to be subjected to any detriment by an employer for the reason that the worker has failed to comply with an exclusivity clause.

The right not to be unfairly dismissed is not subject to a qualifying period of employment. Where an employer breaches these rights, the employee may issue a claim in the tribunal and seek a declaration and/or compensation.