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The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022
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- UK Statutory Instruments
- 2022 No. 1145
- PART 4
- Regulation 7
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Unfair dismissal and the right not to be subjected to a detriment
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7.—(1) An employee who works under a specified contract is to be regarded for the purpose of Part 10 of the 1996 Act as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is the reason specified in paragraph (3).
(2) A worker who works under a specified contract has the right not to be subjected to any detriment by, or as a result of, any act, or any deliberate failure to act, of an employer done for the reason specified in paragraph (3).
(3) The reason is that the worker breached an exclusivity term of their specified contract.
(4) Paragraph (2) does not apply where the detriment in question amounts to a dismissal of an employee within the meaning of Part 10 of the 1996 Act.
(5) Section 108 of the 1996 Act (qualifying period of employment) does not apply in relation to a dismissal to which paragraph (1) applies.
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