Paragraph 4 Restriction on detrimental action relating to workers working elsewhere

(1)

A licence holder may not (whether by the inclusion of a term in a contract with a worker or otherwise)—

(a)

subject or threaten to subject a worker to any detriment on the ground that—

(i)

the worker has terminated or given notice to terminate any contract between the worker and the licence holder; or

(ii)

the worker has taken up or proposes to take up employment with any other person; or

(b)

require the worker to notify the licence holder, or any person with whom he is connected, of the identity of any future employer.

(2)

For the avoidance of doubt, the following shall not constitute a detriment for the purposes of this paragraph—

(a)

the loss of any benefits to which the worker might have become entitled had he not terminated the contract;

(b)

the recovery of losses incurred by a licence holder as a result of the failure of the worker to perform agreed work; or

(c)

a requirement in a contract with the licence holder for the worker to give a reasonable period of notice to terminate the contract.