Ban on exclusivity clauses extends to low-paid workers

Implementation date: 5 December 2022

The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 (SI 2022/1145) provide that the ban on exclusivity clauses in contracts of employment is extended to non-zero hours contracts where the guaranteed weekly income of the worker is at or below the lower earnings limit for national insurance contributions purposes.

The right not to be unfairly dismissed and the right not to be subjected to a detriment for failing to comply with an exclusivity clause also extends to these workers.

Exclusivity clauses were banned for workers on zero hours contracts in 2015.