Zero hours contract

[Hanstarlucky]

Anyone familiar with zero hours contracts and post termination clauses?

What's your concern?

There are some people on them where I work, what do you want to know?

I work for a couple and I’m the only employee, very small business, minimum wage on a zero hours contract

there are some severe post termination clauses (non compete, not go to a competitor, not to start or own my own business, not to work elsewhere in a 30 miles radius…and it’s stipulates for 12 months

I’m wanting to start my own business and I’ve found area of the market offering something they are not but it’s still in the same industry

do you think the post termination clauses are too severe for a zero hours contract? Are they enforceable?

Whether they are enforceable depends on whether they are reasonable in the circumstances.

I presume the "not to start or own my own business, not to work elsewhere in a 30-mile radius" only apply if you are competing with their business. If not, those are clearly unenforceable.

If they wanted to enforce these restrictions through the courts, your employers would have to show that they have legitimate business interests that need protection, and the restrictions are no wider than is necessary for protecting those interests. Unlikely when dealing with an employee on a zero hours minimum wage contract. Even if it is enforceable to some extent, it is highly unlikely the courts would agree that 12 months was reasonable in this situation.

Thankyou for your response it’s been very helpful x

I started earlier in the year and noticed there are clauses in the main body that should not actually be there due to legislation that was introduced in 2015 so it looks like a contract which has just been bought off the shelf