The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015
| Jurisdiction | UK Non-devolved |
2015No. 2021
TERMS AND CONDITIONS OF EMPLOYMENT
The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015
14thDecember2015
The Secretary of State, in exercise of the powers conferred by sections 27B(1) and (5) and 209(1) of the Employment Rights Act 1996( 1), makes the following Regulations.
A draft of these Regulations was laid before Parliament in accordance with section 236(3) of the Employment Rights Act 1996( 2) and approved by a resolution of each House of Parliament.
Citation, commencement and interpretation
1.-(1) These Regulations may be cited as the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015.
(2) These Regulations come into force at the end of the period of 28 days beginning with the day on which they are made.
(3) In these Regulations "the 1996 Act" means the Employment Rights Act 1996.
Unfair dismissal and the right not to be subjected to detriment
2.-(1) An employee who works under a zero hours contract is to be regarded for the purposes 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 zero hours 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 a provision or purported provision of the zero hours contract to which section 27A(3)( 3) of the 1996 Act applies.
(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.
Complaints to employment tribunals
3.-(1) Subject to regulation 2(4), a worker may present a complaint to an employment tribunal that an employer has infringed the right conferred on the worker by regulation 2(2).
(2) Subject to paragraph (3), an employment tribunal must not consider a complaint under this regulation unless it is presented before the end of the period of three months beginning with the date of the act or failure to act to which the complaint relates or, where that act or failure is part of a series of similar acts or failures, the last of them.
(3) A tribunal may consider any such complaint which is out of time if, in all the...
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