[Jersey] Exclusivity unenforceable as zero-hours contract proposal approved

Jersey’s Social Security Minister lodged a proposition earlier this year that would prevent employers from requiring zero-hours contract employees to work exclusively for their business. This proposition was in response to a States Assembly decision in 2021 that exclusivity clauses in zero-hours contracts should be "banned", Lexology reports.

The States Assembly has now approved the amendment to the Employment Law and it is expected to come into force in the coming months. Under the terms of the amendment employers will no longer be able to:

•  stop a zero-hours employee from being employed by another business; or
•  require a zero-hours employee to obtain the employer's permission to be employed by another business.

Any such term in an employment contract would not be enforceable. Similar provisions have reportedly been introduced in the UK and the Isle of Man.

Zero-hours contract defined

The draft amendment defines a "zero-hours contract" as a contract of employment where the employee may work for the employer from time to time but there is no minimum requirement for the employee to do any work for the employer.

That definition is based upon the existing definition in the Control of Housing and Work (Exemptions) (Jersey) Order 2013.

Anticipated in-force date

The proposition was debated by the States at the end of March 2022; its approval follows two previous occasions when the States Assembly agreed that this protection for zero hours employees should be introduced. It is anticipated that the law will come into force pretty quickly and with little notice for employers.

While "exclusive" zero-hours contracts are believed to be rare in Jersey, a requirement for employer consent to obtain a second job could be more commonplace. Businesses should be aware that, if such terms are currently included in zero-hours contracts, they are likely to become unenforceable in a matter of months.

Forthcoming review of zero-hours contracts

A wider review of zero-hours contracts is due to be undertaken as part of the Government Plan 2022-2025 to ensure that people working under zero-hours contracts are protected under Jersey's employment legislation. This might result in further changes to the law. 

Zero hours contract employees in Jersey have more extensive employment protection than their counterparts in the UK and a number of decisions of the Jersey Employment and Discrimination Tribunal have clarified this point. The proposed regulation can be viewed here.

Source: Lexology

(Link via original reporting)

Jersey’s Social Security Minister lodged a proposition earlier this year that would prevent employers from requiring zero-hours contract employees to work exclusively for their business. This proposition was in response to a States Assembly decision in 2021 that exclusivity clauses in zero-hours contracts should be "banned", Lexology reports.

The States Assembly has now approved the amendment to the Employment Law and it is expected to come into force in the coming months. Under the terms of the amendment employers will no longer be able to:

•  stop a zero-hours employee from being employed by another business; or
•  require a zero-hours employee to obtain the employer's permission to be employed by another business.

Any such term in an employment contract would not be enforceable. Similar provisions have reportedly been introduced in the UK and the Isle of Man.

Zero-hours contract defined

The draft amendment defines a "zero-hours contract" as a contract of employment where the employee may work for the employer from time to time but there is no minimum requirement for the employee to do any work for the employer.

That definition is based upon the existing definition in the Control of Housing and Work (Exemptions) (Jersey) Order 2013.

Anticipated in-force date

The proposition was debated by the States at the end of March 2022; its approval follows two previous occasions when the States Assembly agreed that this protection for zero hours employees should be introduced. It is anticipated that the law will come into force pretty quickly and with little notice for employers.

While "exclusive" zero-hours contracts are believed to be rare in Jersey, a requirement for employer consent to obtain a second job could be more commonplace. Businesses should be aware that, if such terms are currently included in zero-hours contracts, they are likely to become unenforceable in a matter of months.

Forthcoming review of zero-hours contracts

A wider review of zero-hours contracts is due to be undertaken as part of the Government Plan 2022-2025 to ensure that people working under zero-hours contracts are protected under Jersey's employment legislation. This might result in further changes to the law. 

Zero hours contract employees in Jersey have more extensive employment protection than their counterparts in the UK and a number of decisions of the Jersey Employment and Discrimination Tribunal have clarified this point. The proposed regulation can be viewed here.

Source: Lexology

(Link via original reporting)