Zero Hours Contracts UK: Your Rights Explained

Zero Hours Contracts UK: Your Rights Explained

Zero hours contracts are common in the UK, particularly in hospitality, retail, care work, and delivery. If you are on one, or being offered one, it is worth understanding exactly what that means for your rights at work. There is a lot of confusion about what employers can and cannot do, and workers sometimes accept less than they are entitled to simply because they do not know the rules.

This guide sets out your key rights on a zero hours contract in plain terms.

What is a Zero Hours Contract?

A zero hours contract is an arrangement where your employer does not guarantee you any minimum hours of work. You are available to work when they need you, but they are not obliged to offer you any hours, and in most cases, you are not obliged to accept any hours offered. The hours you work can vary week to week, sometimes significantly.

Zero hours contracts are legal in the UK. They suit some people well, particularly those who want flexible work around other commitments. But they also carry risks, especially around income stability.

Your Rights on a Zero Hours Contract

National Minimum Wage

You are entitled to at least the National Minimum Wage (or National Living Wage if you are 21 or over) for every hour you work. Your employer cannot pay you less than this regardless of your contract type. As of April 2024, the National Living Wage is £11.44 per hour for workers aged 21 and over.

Holiday Pay

You are entitled to paid holiday. Zero hours workers accumulate 5.6 weeks of annual leave per year, the same as any other worker. The calculation is based on your average earnings over the previous 52 weeks (or the number of weeks you worked if it is less than 52). You cannot be denied paid holiday simply because you are on a zero hours contract.

Rest Breaks

You are entitled to rest breaks under the Working Time Regulations. If you work more than six hours in a day, you are entitled to at least a 20-minute uninterrupted break. You are also entitled to 11 hours of rest between working days.

Protection Against Discrimination

Zero hours workers have the same protection from discrimination as other workers. Your employer cannot treat you unfairly on the grounds of age, sex, race, disability, religion or belief, sexual orientation, or pregnancy.

Protection Against Unfair Treatment

If you are penalised for turning down shifts, or if your hours are reduced as a form of retaliation, you may have grounds for a complaint. The law offers some protection here, though it is an area where seeking advice from ACAS or a trade union is worthwhile.

Exclusivity Clauses: What Are They?

An exclusivity clause in a zero hours contract tries to stop you from working for other employers. These clauses were banned in the UK in 2015 under the Small Business, Enterprise and Employment Act. If your contract contains an exclusivity clause, it is not enforceable. You are legally entitled to work for other employers while on a zero hours contract.

Employment Status: Worker vs Employee

Most zero hours contract workers have "worker" status rather than full employee status. This is an important distinction. Workers have fewer rights than employees. Here is a quick comparison:

  • Workers get: National Minimum Wage, paid holiday, rest breaks, discrimination protection, auto-enrolment into a pension (if eligible)
  • Employees get everything workers get, plus: statutory sick pay, maternity/paternity pay, protection from unfair dismissal, redundancy pay

Your actual employment status depends on the real nature of your working arrangement, not just what the contract says. If in practice you work regular hours and the employer depends on you being there, you may have stronger employment rights than your contract suggests. This is worth investigating if you have been working regular hours for a long time.

What Changed in 2024 and 2025

The Employment Rights Bill introduced in 2024 proposed significant changes to zero hours contracts. The key change being discussed is a right to a guaranteed hours contract after a worker has regularly worked a set pattern of hours over a qualifying period. This would require employers to offer a contract that reflects the hours actually worked, rather than keeping workers on zero hours terms indefinitely. These changes are expected to be phased in, so it is worth keeping up to date with the latest guidance from the government or ACAS.

What to Do if You Think Your Rights Are Being Ignored

  • Speak to ACAS (Advisory, Conciliation and Arbitration Service) for free advice: acas.org.uk or call 0300 123 1100
  • Contact your trade union if you are a member
  • Raise a formal grievance with your employer if you have a specific complaint
  • Contact a Citizens Advice Bureau for practical help
  • If your employer has underpaid you, you can report it to HMRC

Is a Zero Hours Contract Right for You?

Zero hours contracts can work well if you genuinely want flexible hours and are not relying on the income to cover fixed costs. However, if you need a predictable income to pay rent or a mortgage, the uncertainty can create real financial pressure. If you have been working consistent hours under a zero hours contract for some time, it is worth asking your employer for a fixed-hours contract that reflects the reality of your situation. You are entitled to ask, and the new legislation may give you additional grounds to do so.

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