The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022

PART 1Preliminary

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.

(2) These Regulations come into force at the end of the period of 28 days beginning with the day on which they are made.

(3) These Regulations extend to England and Wales and Scotland.

Interpretation

2.  In these Regulations—

the 1996 Act” means the Employment Rights Act 1996;

exclusivity term” means any provision or purported provision of a 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;

“the lower earnings limit” is the amount specified for the purpose of section 5(1)(a) of the Social Security Contributions and Benefits Act 1992(1);

specified contract” has the meaning given in regulation 3(2);

wages” has the same meaning as in section 27 of the 1996 Act(2);

zero hours contract” has the same meaning as in section 27A of the 1996 Act.

(1)

1992 c. 4. Section 5 was substituted by the Welfare Reform and Pensions Act 1999 (c. 30), section 73 and Schedule 9, Part 1, paragraph 1. The lower earnings limit is specified by regulation 10 of the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004).

(2)

Section 27 was amended by the Employment Act 2002 (c. 22), Schedule 7, paragraphs 24 and 25, the Agency Workers Regulations 2010 (S.I. 2010/93), Schedule 2, Part 1, paragraph 10, the Children and Families Act 2014 (c. 6), section 126 and Schedule 7, paragraphs 29, 30(a) and (b), the Parental Bereavement (Leave and Pay) Act 2018 (c. 24), section 1(c) and Schedule 1, Part 3, paragraph 21.