Exclusivity Clauses in Zero Hour Contracts

What is an Exclusivity Clause and how do they relate to PAs?

An exclusivity clause in a zero hours contract is when the employer prevents the individual employee from working for someone else, even though they themselves do not guarantee any hours of work.

If you are a PA and have a zero hours contract, it is important to check if there is an exclusivity clause in your contract of employment. If there is, this may have prevented you from working as a PA for another employer, either as a PA or in some other form of work.

New regulations have come into force

On 5th December 2022, Regulations came into force which essentially extend the ban on using ‘exclusivity clauses’ in zero hours contracts, to workers whose net average weekly wages are less than the Lower Earnings Limit (LEL) – which is currently £123 a week.

Exclusivity clauses are used in zero hours contracts to restrict workers from taking on additional work with other employers. These were banned by the UK Government in May 2015 – and the new regulations will extend protection to the lowest paid workers in society.

Therefore, this new regulation prevents PA Employers from including an exclusivity clause in zero hour contracts.

Current zero hours contracts for PAs

If you are a PA Employer who has issued zero hours contracts to your PA(s), it would be helpful to amend any current contract to make it compliant with the above regulation.

If you are a PA, you can now ask your employer to amend the current contract you have and remove any exclusivity clause that is there.

Next steps

Take a look at the resources available below to guide you in more detail.