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Exclusivity clause ban expanded to cover lowest paid workers

Today, the government has announced a proposal to extend the existing ban on exclusivity clauses for zero hour workers to also cover workers whose earnings are below the Lower Earnings Limit (£123 per week). This means that it will no longer be possible to enforce an exclusivity clause against any such worker and prevent them from doing work for other employers. 

The proposal is part of a government drive to reduce unfair restrictions on lower paid workers who might want to take up further employment to increase their income. It has also been billed as a way to widen the pool of talent for employers in the context of the current war for talent. However, in reality, the proposal will only impact a small portion of the UK workforce, i.e. those who work around 13 hours a week at a rate equal to the National Minimum Wage, which equates to around 1.5 million workers.

Legislation implementing this change is expected later in the year. 

The proposals will widen the ban on exclusivity clauses, which restrict staff from working for multiple employers, to contracts where the guaranteed weekly income is on or below the Lower Earnings Limit of £123 a week. An estimated 1.5 million workers are earning on or below £123 a week and the new reforms will ensure that workers in this group that have exclusivity clauses are able to top up their income with extra work if they choose.

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employment