Zero hours contracts — your rights explained

Zero hours contracts are widely misunderstood by both workers and employers. You have more rights than you might think — and your employer has fewer powers than they sometimes imply.

What is a zero hours contract?

A zero hours contract (also called a casual contract) means your employer is not obliged to offer you any minimum number of hours, and you are not obliged to accept any hours offered. The work is genuinely on-demand — but this doesn't mean you have no employment rights.

Your core rights on a zero hours contract

National Minimum Wage

You are entitled to the National Minimum Wage for every hour worked, without exception. Your employer cannot pay below this on the grounds that you're on a zero hours contract.

Holiday pay

Zero hours workers are entitled to 5.6 weeks of paid annual leave per year, calculated on the basis of hours actually worked. For irregular hours workers, holiday pay is calculated as 12.07% of your total earnings (since April 2024 this uses a 52-week average). Your employer cannot withhold this.

Rest breaks

If you work more than 6 hours in a shift, you're entitled to a 20-minute rest break. This applies regardless of your contract type.

Protection from discrimination

Zero hours workers are protected by the Equality Act 2010. You cannot be discriminated against on the basis of age, disability, sex, race, religion or belief, sexual orientation, gender reassignment, pregnancy/maternity, or marriage/civil partnership.

Protection from unfair treatment

You have the right not to be treated detrimentally for refusing work. Your employer cannot penalise you (reducing future hours, dismissing you) for turning down a shift you were not contractually obliged to accept.

Exclusivity clauses — now banned

Since 2015, exclusivity clauses in zero hours contracts — which prevented workers from working for other employers — have been unenforceable. You are legally free to work for multiple employers on a zero hours contract.

When do you become a "worker" vs an "employee"?

Most zero hours contract workers have "worker" status, which gives them the rights above. Some may qualify as full "employees" (if they have a regular pattern of work, mutuality of obligation and personal service). Employees have additional rights including unfair dismissal protection (after 2 years) and statutory redundancy pay.

What your employer CAN do

• Offer you zero hours in any given week
• Withdraw a shift before it starts (with reasonable notice)
• Choose not to offer you future work (unless this is discriminatory or retaliatory)

What to do if your rights are being violated

Contact ACAS (acas.org.uk) for free advice. For unpaid wages or holiday pay, you can make a claim to the Employment Tribunal — the time limit is 3 months minus 1 day from the date of the problem.