Section 27A | Exclusivity terms unenforceable in zero hours contracts ^F1

(1)In this section “zero hours contract” means a contract of employment or other worker's contract under which—^F1

(a)the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and^F1

(b)there is no certainty that any such work or services will be made available to the worker.^F1

(2)For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.^F1

(3)Any provision of a zero hours contract which—^F1

(a)prohibits the worker from doing work or performing services under another contract or under any other arrangement, or^F1

(b)prohibits the worker from doing so without the employer's consent,^F1

is unenforceable against the worker.

(4)Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract.^F1