Section 27A — Employment Rights Act 1996: Exclusivity terms unenforceable in zero hours contracts

Exclusivity terms unenforceable in zero hours contracts 27A 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 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.

3 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.

4 Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.