One of the final pieces of legislation introduced by the last coalition government was a prohibition on exclusivity clauses in zero-hours contracts.
This has now become law (from 27 May 2015) within section 153 of the Small Business, Enterprise and Employment Act 2015.
Whilst the ban on exclusivity clauses will have an impact on many direct employers reliant on such contracts, the measure is unlikely to affect recruiters, who are already restricted from preventing work-seekers from taking up work with a hirer by virtue of Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Other measures to follow in secondary legislation include penalties for failing to meet the National Minimum Wage.
Although the ban on exclusivity clauses was included within the Conservatives manifesto pledges, no further action on zero hours contracts is expected from their new majority government.
Adrian, a highly experienced lawyer, founded Lawspeed in 1997. He is responsible for developing our extensive portfolio of products and services, including the widely used Lawspeed contract templates. Adrian is an expert on “recruitment law” and specialises in contracts, regulatory compliance, employment status and dispute handling. He is chair of the trade body the Association of Recruitment Consultancies, the only lawyer lead recruitment trade body in the UK. Adrian and his co-director Ravi devised Standards in Recruitment as a vehicle for helping drive up standards and compliance in the industry.
Adrian is our lead in discussions with the government over regulatory evolution. Apart from assisting with client support, Adrian’s primary role is research and development into methods of business delivery, our latest service Proterms being his most recent project. Adrian heads our IR35 lawyers team.