Zero hours contracts: Small Business, Enterprise and Employment Bill

On 25 June 2014, the Government published the Small Business, Enterprise and Employment Bill. This lengthy draft legislation includes provisions on zero hours contracts. The Bill gives defines ‘zero hours’ contracts. This type of contract is defined as one under which a worker (or employee) undertakes work conditional on the employer making it available but with no certainty that any work will be provided. Additionally, once this Bill becomes law, any clause in a ‘zero hours’ contract’ which prohibits a worker from taking on work with another employer (known as an ‘exclusivity of service’ clause) will be unenforceable. This means that even if this type of clause is included in their contract, anyone employed on this type of contract can ignore the clause and start work with another employer. It is anticipated that this Bill will enter into force before May 2015.