Update on zero hours Contracts

8th July 2015
Update on zero hours Contracts image

Update on zero hours Contracts

Following the re-election of the Conservative Government in May 2015, the Government as promised brought in new legislation relating to zero hours contracts.

Section 153 of the Small Business, Enterprise and Employment Act 2015, with effect from the 26th May 2015, banned provisions in zero hours contracts which prohibit workers from working for other employers (or prohibit them from doing so without the employer’s consent).  Such “exclusivity clauses” are now unenforceable.

This Act also enables the Secretary of State to make regulations in relation to exclusivity restrictions on zero hours workers including:-

  • Modifying zero hours contracts.
  • Imposing financial penalties on employers.
  • Requiring employers to pay compensation to zero hours workers.
  • Conferring jurisdiction on employment tribunals.
  • Conferring rights on zero hours workers.

The Government has therefore reserved to itself very wide powers to make further provisions in due course.  The Government has confirmed that it “will consider carefully the evidence received from stakeholders and interested parties in determining how to exercise these powers.”

Daven Naghen, head of our employment team has commented as follows on this new law:-

“The Government has been put under pressure to address certain abuses in the zero hours contract system and this “banning” of exclusivity clauses does go some way to doing this.  However I expect the Government to be reluctant to impose any more restrictions on zero hours contracts, since they are well aware that many employers have found the flexibility of such contracts extremely useful for their businesses.  Having said that the Government has reserved certain powers to itself to make further regulations in respect of zero hours contracts and there may be scope for further restrictions on zero hours contracts in the future.  All employers who use zero hours contracts should keep an eye out for potential law changes.”

If you require any advice in respect of zero hours contracts, whether you are an employer or a worker then please do not hesitate to contact Daven on 01775 722261, or email daven.naghen@maplessolicitors.com or visit our offices or make an appointment to see us at 23 New Road Spalding Lincolnshire PE11 1DH.

Dementia Friends image

Dementia Friends

Maples Solicitors are proud to announce that they have now joined to become Dementia Friends which is an Alzheimer’s Society initiative.

The private client department of Maples Solicitors prepare Wills and Lasting Powers of Attorney on a regular basis and this often involves dealing with clients who are suffering from dementia. The private client team pride themselves on spending as much time as is necessary to assist all of their clients, but those suffering from dementia often require additional assistance and time to ensure that they have fully understood the legal documentation that they are creating. The private client department are regularly complimented on the way they deal with such clients, whether this be explaining things to them in a clear and uncomplicated manner, spending time with them or putting them at ease.

It is a misconception that anyone suffering from dementia cannot make a Will or Lasting Power of Attorney. Only if someone lacks sufficient mental capacity are they unable to make such a document. It is therefore vitally important upon any diagnosis of dementia that legal advice is taken as soon as possible to make sure that your affairs are in order so that it is easier for your family to deal with your affairs if you are unable to do so yourself.

To become Dementia Friends, Maples Solicitors have pledged to develop their understanding of dementia and continue assisting clients suffering from dementia with their legal affairs in a respectful, friendly and efficient way that is not daunting making the process as easy as possible.

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Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

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Donna Sandison FCILEx

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