Exclusivity Clause Dispute Letter: Free Template and What to Include

If you need to challenge an unenforceable exclusivity clause in your zero hours contract, a written letter is the recommended first step — it creates a clear record and shows you're pursuing the matter formally. Below is what a strong exclusivity clause dispute should include.

What this letter needs to cover

• State the clause is unenforceable under the Small Business Enterprise and Employment Act 2015
• Confirm the worker is working or seeking work for another employer
• Request written confirmation the exclusivity clause will not be enforced
• Warn that enforcement may constitute a detriment

Why exclusivity clauses in zero-hours contracts are unenforceable

Under section 27A of the Employment Rights Act 1996 (added by the Small Business, Enterprise and Employment Act 2015), any clause preventing a zero-hours worker from working for another employer is legally unenforceable — this applies regardless of what your contract states, since the law specifically overrides such clauses.

What to include before you send it

• Reference to the specific exclusivity clause in your contract
• Confirmation that this clause is unenforceable under section 27A of the Employment Rights Act 1996
• A clear statement of your intention to seek or accept work elsewhere
• A request for confirmation that no action will be taken against you for doing so

Protection if your employer tries to penalise you anyway

If your employer subjects you to any detriment or dismisses you for working elsewhere despite this protection, this is itself unlawful — the exclusivity ban isn't just about the clause being unenforceable, it comes with real protection against retaliation for exercising this right.

Frequently Asked Questions

Does this apply to all zero-hours contracts, or only some?
This applies broadly to zero-hours contracts as defined in the regulations — it's worth confirming your specific contract genuinely falls within this definition if there's any doubt.

What if my employer threatens to reduce my hours if I work elsewhere?
This could itself amount to unlawful detriment connected to exercising your right to work for another employer, and is worth challenging directly.

[Your Name]
[Your Address]
[Your Postcode]
[Your Phone Number]
[Your Email Address]
[Name of Manager]
[Job Title, e.g. HR Manager]
[Company Name]
[Company Address]
[Company Postcode]
[Date]

Dear [Name],

Subject: Exclusivity clause in my zero-hours contract

I work for you on a zero-hours contract. Clause [number] says I cannot work for anyone else [or: must ask your permission first].

Under section 27A of the Employment Rights Act 1996 (added by the Small Business, Enterprise and Employment Act 2015), an exclusivity clause in a zero-hours contract is unenforceable.

I will keep working the shifts I accept from you. I [am working / plan to work] for another employer when you do not have shifts for me.

Please confirm in writing within 14 days that you will not enforce this clause or take any action against me for working elsewhere. Treating me less favourably for doing so may be an unlawful detriment.

Yours sincerely,

[Your Signature]
[Your Printed Name]