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A poor fit

17 September 2015 / Janet Barlow , Rebecca Mason
Issue: 7668 / Categories: Features , Employment
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One person’s flexibility is another person’s insecurity: Rebecca Mason & Janet Barlow examine the reforms surrounding zero hour contracts

The much debated pre-election hot topic of zero hours contracts finally saw a reform to the law on 26 March under the Small Business, Enterprise and Employment Act 2015.

Section 153 of the Small Business, Enterprise and Employment Act 2015 amends the Employment Rights Act 1996 (ERA 1996) by inserting a new s 27A banning the use of exclusivity clauses and for the first time giving a statutory definition of a zero hours contract.

In this article we shall be considering the implication of this ban and shall examine this new definition and whether it goes any way to helping establish employment status; a requisite for full employment protection.

Exclusivity

Under s 27A of ERA 1996 exclusivity terms are now unenforceable in zero hours contracts.

Despite all the publicity surrounding the use of such contracts, banning exclusivity clauses does little to improve the rights of those individuals working under them. Although accurate statistics are not available for

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
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Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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