Zero hours contracts are widely used in the UK — but many workers don't realise they still have legal rights. Here's what you're entitled to, and what employers cannot do.
Zero hours contracts have become common across retail, hospitality, social care, and the gig economy. They offer flexibility — but they're also frequently misused to deny workers the protections they're legally entitled to.
If you're on a zero hours contract, here's what you need to know.
A zero hours contract (sometimes called a "casual contract") is an employment arrangement where the employer is not obliged to offer any minimum number of hours, and the worker is not obliged to accept any hours offered.
This is in contrast to a contract of employment with guaranteed hours, or a part-time contract with a fixed minimum.
Zero hours contracts are not inherently illegal, and in some contexts they offer genuine flexibility. But the lack of guaranteed hours does not mean the lack of any rights.
Despite the flexible nature of these contracts, workers on zero hours arrangements retain a number of important rights:
National Minimum Wage You must be paid at least the National Minimum Wage (or National Living Wage if you're 21 or over) for every hour you actually work. This cannot be waived.
Holiday pay You are entitled to 5.6 weeks of paid annual leave per year, pro-rated to the hours you actually work. Employers who tell zero hours workers they're not entitled to holiday pay are wrong. Holiday pay accrues from the first day of work.
Statutory Sick Pay (SSP) If you earn an average of at least £123 per week (the lower earnings limit, reviewed annually), you qualify for SSP from your fourth day of illness.
Rest breaks You are entitled to a 20-minute rest break for shifts over 6 hours, and minimum daily and weekly rest periods under the Working Time Regulations 1998.
Protection from discrimination You cannot be treated less favourably because of a protected characteristic (age, disability, race, sex, religion, sexual orientation, etc.), regardless of your contract type.
Employment law uses three categories: employee, worker, and self-employed. Zero hours contracts usually create "worker" status — which carries most rights, but not all.
Workers get: minimum wage, holiday pay, SSP, working time protections, whistleblowing protection.
Workers do not automatically get: unfair dismissal rights (unless they qualify), statutory redundancy pay, maternity/paternity pay (unless earnings qualify), or notice rights equivalent to employees.
Some zero hours contract workers may actually be employees in law, regardless of what the contract says. Courts look at the reality of the relationship — if you work regularly, follow instructions, cannot send a substitute, and are integrated into the business, you may have employee status.
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One significant protection: since 2015, exclusivity clauses in zero hours contracts are unenforceable. An employer cannot prevent you from working for other employers, and cannot dismiss or penalise you for doing so.
This was strengthened further in 2023 — it is now automatically unfair to dismiss a zero hours worker for working elsewhere.
The Workers (Predictable Terms and Conditions) Act 2023 gave workers (including those on zero hours contracts) the right to request a more predictable working pattern after 26 weeks of service.
This is a right to request, not a right to be granted. But employers must follow a formal process and can only refuse on specific business grounds. If you have worked regular hours for several months, you may have a strong case for a predictable hours agreement.
Holiday pay for zero hours workers is calculated based on your average weekly pay over the previous 52 weeks (ignoring weeks where you earned nothing). This 52-week reference period replaced the old 12-week calculation to better reflect irregular working patterns.
If your employer is calculating holiday pay only on your basic rate without including regular overtime or commission, they may be underpaying you.
Your employer can offer you zero hours — and you can decline. But if your employer consistently stops offering you shifts as a result of you refusing one, or because you exercised a legal right (such as taking sick leave or raising a complaint), this can constitute detriment or automatic unfair dismissal, depending on your employment status.
Keep a record of hours offered, hours worked, and any communications if you feel you're being pushed out.
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your circumstances, contact ACAS, Citizens Advice, or a solicitor regulated by the Solicitors Regulation Authority.
Upload any UK legal document and get an instant AI breakdown — clause by clause, risk by risk, in plain English.
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