Employment Rights Act 1996: Primary legislation governing employment rights in England and Wales. Key consideration for exclusivity agreements, particularly regarding zero-hours contracts where exclusivity clauses are explicitly banned. Provides framework for general employment rights and protections.
Competition Act 1998: Ensures that exclusivity restrictions don't create anti-competitive effects in the market. Any restrictions must be reasonable in scope and justifiable from a competition law perspective.
Common Law Principles on Restraint of Trade: Legal doctrine requiring that restrictions must be reasonable, protect legitimate business interests, and not be wider than necessary. Must be supported by adequate consideration to be enforceable.
Human Rights Act 1998: Relevant Articles include Article 8 (right to private life) and Article 11 (freedom of assembly and association), which must be considered when imposing exclusivity restrictions.
Equality Act 2010: Ensures that exclusivity requirements don't directly or indirectly discriminate against protected characteristics, and requires reasonable accommodations for disabled employees.
Small Business, Enterprise and Employment Act 2015: Contains specific provisions regarding zero-hours contracts and their regulation, particularly relevant when considering exclusivity arrangements.
Working Time Regulations 1998: Governs maximum working hours, rest breaks, and holiday entitlements which must be considered when drafting exclusivity requirements.
Contract Law Principles: Fundamental principles including consideration, clarity of terms, reasonableness, and enforceability that must be adhered to for the agreement to be legally valid.
