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    B1020 – Employment Contracts Exclusivity Bill 2016, barnetlad MP
    Employment Contracts Exclusivity Bill 2016


    A BILL TO


    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 week, 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 employer 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.
    3. Any company director whose company is found guilty of an offence under this Bill on three or more occasions shall be disqualified from being a company director for a period of not less than 12 months. 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.

    Notes
    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.
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    Please use conventional numbering. I'm opposed to sC(2) - I would add a requirement of them knowing about the transgressions at the time.
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    (Original post by TheDefiniteArticle)
    Please use conventional numbering. I'm opposed to sC(2) - I would add a requirement of them knowing about the transgressions at the time.
    Something like C(2)a If it can be proven that they were aware on the transgression?
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    A3 I think you mean 30 hours per month.

    Apart from that, looks good. I think TDA is probably right about C2, I don't think holding directors liable for a company's misdeeds is common place in British law.
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    (Original post by Kay_Winters)
    Something like C(2)a If it can be proven that they were aware on the transgression?
    (Original post by cBay)
    A3 I think you mean 30 hours per month.

    Apart from that, looks good. I think TDA is probably right about C2, I don't think holding directors liable for a company's misdeeds is common place in British law.
    Thank you for your suggestions which I will add to a second reading.
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    As much as i don't support discrimination in the workplace It's a Nay from me
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    (Original post by cBay)
    A3 I think you mean 30 hours per month.

    Apart from that, looks good. I think TDA is probably right about C2, I don't think holding directors liable for a company's misdeeds is common place in British law.
    It is more commonplace under the law of tort, but the notion of 'piercing the corporate veil', even against directors rather than common shareholders, debatably doesn't exist (there have been two Supreme Court cases since 2012 with the answer basically been 'nobody ****ing knows'). Under the law of tort, it would be absolutely essential that the directors in their personal capacities caused, or omitted to take action which they knew would avoid, the loss in question. That's why I've suggested the change I have.
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    With A3 there is no need to put both per week and per month on, just phrase it so it's on a pro rata basis.
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    barnetlad I think you meant 'employee' in B2.

    Aye. While this doesn't go as far as is perhaps necessary, this bill makes it easier for those on zero and low-hour contracts to supplement their often very low income, and goes some way to preventing conduct like that of Sports Direct.
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    This bill has gone to a second reading.
 
 
 
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