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B1020 – Employment Contracts Exclusivity Bill 2016 (Second Reading)

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    • Thread Starter

    B1020 – Employment Contracts Exclusivity Bill 2016 (Second Reading), barnetlad MP
    Employment Contracts Exclusivity Bill 2016


    Extend the scope of bans on exclusivity in zero hours Employment Contracts

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

    A. Definitions
    1. 'Employment Contract' shall mean that within the scope of the Employment Rights Act 1996
    2. 'Zero Hours' shall mean where the Employment Contract does not guarantee any hours of work per week.month, or longer defined time period, and/or is covered by The Exclusivity Terms in Zero Hours Regulations 2015
    3. 'Low Hours' shall mean under 7 hours per week or 30 hours per month, dependent on whether or not a person is paid on a weekly or monthly basis.

    B. Exclusivity
    1. Exclusivity shall be prohibited in any employment contract that is Zero Hours or Low Hours in length
    2. No employee on a Zero or Low Hours Contract shall suffer detriment as a result of a being on a Zero or Low Hours Contract, in respect of employment facilities, access to welfare and sports facilities, provision of travel or parking concessions, length of the working day, breaks from work or provision of workwear, when compared with an employee on a contract with longer hours.
    3. No employer may restrict a job application advertised internally and or externally to exclude applications based on the current contracted hours of applicants.

    C. Penalties
    1. Should any employer be found guilty of an offence under this Bill or The Exclusivity Terms in Zero Hours Regulations 2015, there is a maximum fine of £20,000 per offence.
    2. Where an employer breaches this Bill and since the offence the company has gone into administration or been wound up, the directors of the company at the time of the offence shall be personally liable for the fines levied by the court, if can be proved that they were aware of the failure to comply with the provisions of this Bill
    3. Any company director whose company is found guilty of an offence under this Bill on three or more occasions may be disqualified from being a company director for a period of not less than 12 months, if it can be demonstrated that by action or ignoring a breach they knew, they did not stop a breach. This can be extended up to five years by decision of a court.

    D.Title, Extent and Commencement of Bill
    1. This Bill shall be known as the Employment Contracts Exclusivity Bill 2016
    2. This Bill shall apply to England and Wales
    3. This Bill shall take effect from 1 April 2017.

    There are already restrictions on zero hours contracts under The Exclusivity Terms in Zero Hours Regulations 2015, which state that it will be automatically unfair if someone is dismissed if they have breached a contractual clause stopping them from working for another employer, and it is unlawful for a worker to suffer a detriment because they work for another employer. These regulations apply to Zero Hours Contracts.

    Changes for Second Reading
    Clause A3 refers to 30 hours per month, not week
    Clause B2 refers to employee not employer
    Clauses C2 and C3 require that the director should know of the offence or breach.

    Aye now. Pity you haven't changed the numbering but whatever.
    • Thread Starter

    This bill is in cessation.
    • Thread Starter

    Division! Clear the lobbies!
Updated: July 31, 2016
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