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The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015
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- UK Statutory Instruments
- 2015 No. 2021
- Regulation 2
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Changes and effects yet to be applied to Regulation 2:
- reg. 3(2A) inserted by S.I. 2015/2054 art. 3(2)
- reg. 3A inserted by S.I. 2015/2054 art. 3(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 3(2A) inserted by S.I. 2015/2054 art. 3(2)
- reg. 3A inserted by S.I. 2015/2054 art. 3(3)
Unfair dismissal and the right not to be subjected to detrimentE+W+S
This section has no associated Explanatory Memorandum
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.
Commencement Information
I1Reg. 2 in force at 11.1.2016, see reg. 1(2)
(1)
Section 27A was inserted by the Small Business, Enterprise and Employment Act, section 153(1) and (2).
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