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The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015

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Unfair dismissal and the right not to be subjected to detriment

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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)(1) 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.

(1)

Section 27A was inserted by the Small Business, Enterprise and Employment Act, section 153(1) and (2).

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