I recieved a job offer for 10 pounds an hour as a busser, in the employment contract it's states I cannot work for anyone else. Is it legal?
Posted by Difficult-Assist9250@reddit | AskUK | View on Reddit | 49 comments
The contract is only a minimum 5 hour contract. I'll get more hours per week but a minimum of 5 hours is only mentioned. Also isn't 10 pounds below the minimum wage?
usedqueendream@reddit
sounds sketchy, definitely check it out
AgileInitial5987@reddit
Common clause but they can’t deny any reasonable request (ie if you were to take a job at Tesco as it wouldn’t be with a competitor or a conflict of interest). But for a 5 hour contract I would laugh in their face if they said no.
Specialist_Catch_800@reddit
It might be a common clause, but if the OP's net average weekly earnings are below the national insurance lower earnings limit, it's an unlawful term.
https://www.acas.org.uk/dismissals/unfair-dismissal
AgileInitial5987@reddit
Yes! I forgot about that one! Thank you for reminding me.
Difficult-Assist9250@reddit (OP)
It's a minimum 5 hour contract, so they'll usually schedule me for more it's just that i have a monimum of 5 hours
Drug_Taker917@reddit
I've done these contracts, they suck. They made zero hour contracts illegal for a reason. When I was a teenager I worked at Tesco on exactly the same thing, 4 hours contracted with loads of overtime, which was fine for a year, but then one day I got a new manager, who instantly hired 3 members of his family and cut my hours down to the minimum
EmpathWithAThree@reddit
Are you sure that zero hour contracts are illegal?
YourOwnDemise@reddit
They’re not, but the Employment Rights Act 2025 (which hasn’t been fully implemented yet and is being rolled out 2025-2027 to give companies time to adapt) does change them in a way that ‘should’ fix a lot of the exploitation caused by 0 hour contracts.
From some point in 2027 (exact date DBA), the laws on 0 hour contracts will change — “Workers on zero-hours and low-hours contracts will get the right to guaranteed working hours, if they want them.”
Obviously there’s more specific details about how many hours are guaranteed and so on, but effectively from next year, ‘Zero hours’ will be at the discretion of the employee, not the employer.
TransatlanticMadame@reddit
How old are you? Minimum wage for 18-20 is £10.85; for 16-17 it's £8.00 per hour.
It is legal to ask you not to work for anyone else without permission.
cgknight1@reddit
OP seems to be under-18 so the enforceability of that is next to zero. Leaving aside who is going to court for a five hour a week, ten pound non-compete.
tanoshimi@reddit
OP asked only whether it was legal to have that clause in ths contract; yes, it is.
Specialist_Catch_800@reddit
Not if the net average weekly earnings are below the national insurance lower earnings limit: https://www.acas.org.uk/employment-contracts-and-the-law/exclusivity-clauses
Specialist_Catch_800@reddit
Not if the OP's net average weekly earnings are below the NI lower earnings limit: https://www.acas.org.uk/employment-contracts-and-the-law/exclusivity-clauses
Difficult-Assist9250@reddit (OP)
Can they reasonably deny me as they only pay 10 an hour and I only have a minimum of 5 hours a week?
TransatlanticMadame@reddit
Your company is running what they call a "low hours" contract. It's a small step up from a zero hours contract.
The Employment Rights Act will have, sometime in 2027, a right to guaranteed hours based on your actual working pattern over 12 weeks. So you will ultimately have a contract that reflects your actual hours, not your small level of guaranteed hours now.
Whether denial of working another job is reasonable or not would be a matter for the courts. It sounds on the face of it to be unreasonable, but there may be a conflict of interest that the employer is seeking to avoid (say if you were working for a competitor).
cgknight1@reddit
OP is under-18 and nothing about this fulfils the "beneficial" aspects of an employment contract that make them binding on a minor.
It would be struck out as soon as the judge knew they were a minor.
Having said that - let's get real, who is going to court over a £50 non-compete.
Difficult-Assist9250@reddit (OP)
I'm 19
cgknight1@reddit
Ok then it's legal.
Difficult-Assist9250@reddit (OP)
no? 18 - 21 is 10.85
hdhxuxufxufufiffif@reddit
No, exclusivity clauses aren't legal if you're either on a zero-hours contract or earning less than the lower earnings limit (ie not earning enough to pay National Insurance). A 5-hour minimum contract will be the latter.
Not only would the clause be invalid, but if they sacked you for working for someone else it would be an automatically unfair dismissal and you could take them to a tribunal without the 2 year qualifying period.
Specialist_Catch_800@reddit
\^\^ This, and there's lots of people who are confidently incorrect in terms of their advice.
See the advice from ACAS: https://www.acas.org.uk/employment-contracts-and-the-law/exclusivity-clauses
If your average net weekly earnings are at or below the NI LEL (currently £123 per week), then you can't be held to that term in your contract, nor should your employer be including one.
I would speak to ACAS or your union in this situation for advice.
DoubleXFemale@reddit
Don’t take it if it’s below minimum wage. If they’re actually paying the £10.85 minimum wage and they’ve stuffed up the ad, then take it while you look for a job with more contracted hours and get out of there asap.
Haurian@reddit
These clauses are common, and not just for conflicts of interest.
Imagine you end up being scheduled 25 hours with this employer, which isn't entirely unusual on a "low hours" contract if you're available all week. Imagine you also get a second job where you are also working 25 hours per week, and don't tell either about your other job.
Aside from the conflict of availability and needing to schedule shifts, you are now exceeding the 48 hour weekly maximum under the Working Time Directive that your employers are legally bound to keep you within unless you specifically opt out. If you're under 18 there are different rules for child workers with lower limits.
cgknight1@reddit
You are under 18?
This is unenforceable and nobody anyway is going to try and enforce such a low value non-comp.
Difficult-Assist9250@reddit (OP)
19
martinbean@reddit
Then that wage is invalid. The current minimum wage for 18–20 year olds is £10.85: https://www.gov.uk/national-minimum-wage-rates
bellabanjsk@reddit
Don’t take this job. It’s below minimum wage (illegal) and although the contract clause is not illegal it’s not really enforceable (you don’t have to tell them you’re working for other people), but for the fact they request it and seem to want you to work under minimum wage they sound like shithead employers
No-Information4986@reddit
But it may not actually be illegal, a few people have asked their age, if they’re 18-20 it’s within the £10.85 range which they would probably be paid the 85p as someone else stated it’s probably an older contract that they need to be informed needs updated
bellabanjsk@reddit
They stated elsewhere that they’re 19
iffyClyro@reddit
A busser? In a UK context what does that mean?
Raiken201@reddit
Someone who collects glasses, clears plates, cleans tables, policies cutlery etc.
No-Information4986@reddit
If it’s what I’m thinking, front of house in a pub or restaurant I presume
FornyHucker22@reddit
for that pay who cares, just lie to them.
Crunchie64@reddit
Minimum age depends on your age, but still a shocking contract.
If you end up just getting five hours a week, you’re screwed financially.
Best bet is just to do it while you look for something better, then get out.
split-tennisball@reddit
Surely you could google it and find out what the minimum wage is?
Difficult-Assist9250@reddit (OP)
yeah well it's 10.85. is it legal to put only 10?
thenorthmerchant@reddit
Its an old contract not updated, point it out to them. Their response would whether or not to work for them
split-tennisball@reddit
Is £10 less than £10.85?
SeventySealsInASuit@reddit
There is a world of difference between legal to put in a contract and legally enforceable though.
For a 5 hour a week \~minimum wage job I strongly doubt that it would be considered reasonable to prevent them finding other employment alongside.
hdhxuxufxufufiffif@reddit
Did you miss the Small Business, Enterprise and Employment Act 2015, which restricts exclusively clauses in zero hour and low paid jobs?
Total_Rules@reddit
Employers can only restrict you from working elsewhere under certain circumstances like if there’s a conflict of interest or for a competitor.
Devify@reddit
Minimum wage is age based. You can check the details on gov.uk site
If the wage is less than what the minimum is for your age then contact them back and query it. It's likely a mistake where they haven't updated it for the new tax year or took the amount for the wrong age.
And yes, a clause in the contract that you cannot work elsewhere is legal. They likely want to ensure your availability for shifts as having a second job would limit it. There can also be concerns about working for a competitor although with a busser job that's minimal. As it's a low hour minimum, if it's not already noted in the contract it may be a good idea to ask them to add that it's not allowed without prior approval. Most places will allow it anyway but this way it's at least covered in your contract.
hdhxuxufxufufiffif@reddit
Not necessarily the case, see my top level comment.
cgknight1@reddit
But unenforceable against a minor so pointless.
Difficult_Bad1064@reddit
Just ask. A contract isn't just for the employer to dictate terms. It's a two way street.
Sergeant_Fred_Colon@reddit
How old are you?
Stinkinhippy@reddit
wage is legal if you're under 18.
Stating you can't work for anybody else is a bit weird.. but likely not illegal as they'll just claim they're doing it to make sure you're available at any notice and don't have prior commitments if they end up short staffed or whatever.
cgknight1@reddit
Likely completely unenforceable because nothing here suggests the very narrow "beneficial" nature that is required to make employment contracts binding on an minor.
Leaving that aside - let's get real, nobody is trying to enforce a non-com against a kid for £50 a week...
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