Tories’ legislation to protect zero-hours workers called ’toothless’ by lawyers | UK news | The Guardian
▻http://www.theguardian.com/uk-news/2015/may/26/conservatives-zero-hours-contracts-small-business-act-david-cameron-too
Legislation that the prime minister, David Cameron, boasted will protect workers on zero-hours contracts has been described as toothless by employment lawyers.
A provision in the Small Business, Enterprise and Employment Act 2015, which was passed under the Liberal-Conservative coalition government and came into force on Tuesday, intended to ban clauses that allow employers to block zero-hours employees from holding jobs elsewhere.
The new measure against so-called exclusivity clauses was much touted by Cameron in the Conservative party election campaign. He promised: “In a Britain that everyone is proud to call home, people are employed, they are not used. Those exclusive zero-hours contracts that left people unable to build decent lives for themselves – we will scrap them.”
However, lawyers say that the ban is not backed by any enforcement measures, meaning zero-hours workers have no way of taking action against employers who break its terms.
Interdiction de la clause d’exclusivité pour les #contrats_zéro_heure, mais sans règle contraignante. Le secrétaire d’État aux Affaires, à l’Innovation et au Savoir-faire a mené son enquête (74 réponses, d’entreprises, de syndicats, de chambres de commerce et de particuliers) : 83% pensent que les employeurs contourneront l’interdiction et énumèrent les moyens probables de contournement.
▻https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/410114/BIS-15-59-zero-hours-contracts-government-response-to-the-banning-exclusivity-cl
In your opinion, how likely or unlikely is it that employers would seek to avoid a ban on exclusivity clauses in zero hours contracts?
• Very likely – 46%
• Likely – 37%
• Not likely – 14%
• Not sure - 3%
If you answered ‘very likely’ or ‘likely’ to the question above, how do you think employers would avoid a ban on exclusivity clauses?
• Offering a minimal number of guaranteed hours, for instance 1 hour a week? – 75%
• Restricting the work opportunities of the individual because they have not made themselves available in the past or have taken on an additional job – 66%
• Don’t know – 3%
• Other - 22%
Should the Government seek to do more to deal with potential avoidance by employers of a ban on exclusivity clauses?
• Yes – 90%
• No – 2%
• Not sure – 8%
