Section 27A Exclusivity terms unenforceable in zero hours contractsF1
In this section “zero hours contract” means a contract of employment or other worker's contract under which—
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
there is no certainty that any such work or services will be made available to the worker.
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.
Any provision of a zero hours contract which—
prohibits the worker from doing work or performing services under another contract or under any other arrangement, or
prohibits the worker from doing so without the employer's consent,
is unenforceable against the worker.
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.
Annotations
Textual amendments
- F1
Pt. 2A (ss. 27A, 27B) inserted (26.5.2015) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 153(2), 164(1) (with s. 153(2)); S.I. 2015/1329, reg. 2(g)
Notes on the whole Act
Textual amendments
- F1
Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)
Notes on Part 2A
Textual amendments
- F2
Words in Pt. 2A heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 1(2), 159(3); S.I. 2026/3, reg. 2(2)(a)
Notes on Chapter 1
Textual amendments
- F2
Pt. 2A Ch. 1 heading inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 1(3), 159(3); S.I. 2026/3, reg. 2(2)(a)