Copy article

Exclusivity clauses on the flexible working bill - what do you think?

Journalist: Elizabeth Howlett, People Management Magazine

ended 05. December 2022

Looking for business, employer, HR and legal comments on the new flex working legislation. In particular the exclusivity clauses: 

  • What can businesses stand to gain from this? 
  • Are there any downsides to this? 
  • What does it mean for employers? Do we want people working multiple short term contracts in an unstable economy? 
  • Will this help with inclusivity for carers and parents? If so, how? 

"Workers on contracts with a guaranteed weekly income on or below the Lower Earnings Limit of £123 a week will now be protected from exclusivity clauses being enforced against them, which restricted them from working for multiple employers.

These reforms will ensure around 1.5 million low paid workers can make the most of the opportunities available to them such as working multiple short-term contracts. This will particularly benefit those who need more flexibility over where and when they work, for example students or people with caring responsibilities.

While not everyone will want a second job, today’s laws on exclusivity clauses remove unnecessary red tape that prevents those who do – for example gig economy workers, younger people, or carers who cannot commit to a full-time role. The laws will also help businesses plug crucial staffing gaps by giving employers access to recruit from a wider talent pool." 

 

3 responses from the Newspage community

Copy all

Copy

Keith Budden
Managing Director at Ensurety
I think overall this has to be regarded as a positive move. While I'm not personally a fan of "zero-hour" contracts, I think it's important that if someone is only earning below the LEL then they should be able to top up their income by having one or more other part-time jobs, that they have the same flexibility as the employers who offer the zero-hour contracts. Personally, I'd prefer this to be available to everyone on zero-hour contracts, regardless of earnings. However, I appreciate that at higher earning levels, there may be conflicts of interest between different employers, but I think that would have to be handled on a case-by-case basis.
Copy

Sarah Newland
Founder at Keyboard Smash
These changes put some power back into the hands of the people who are making a difference on the ground of small and large organisations nationwide. If you are an employer that is doing right by the humans in your organisation, this shouldn't come as a problem. You'll be able to attract wider and more diverse talent giving opportunities to more individuals who may not have been able to take them before. This is great from a Justice, Equity, Diversity and Inclusivity point of view, which benefits people and organisations long term. The only downside comes to organisations who are willing to treat workers poorly, and the actions of those businesses aren't helping us to solve the wider disparity issues that we face in this country.
Copy

Zaid Patel
Director at Highcastle Estates
Small businesses will suffer the most from this new flexible working legislation. We don't usually have the time, resources or expertise to allow for the team to choose when they are working and keep customers happy at the same time. It's an additional stress to the many stresses we already have.