UK · Employment law

Zero hours contract rights

Zero hours workers in the UK have the right to national minimum wage, paid holiday, protection from discrimination, statutory sick pay (if earnings meet the threshold) and freedom from exclusivity clauses. Employee-status rights depend on the actual working pattern, not the contract label. The Employment Rights Act 1996 and Working Time Regulations 1998 apply.

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What a zero hours contract is

A zero hours contract is an arrangement where the employer is not obliged to offer work and (in theory) the worker is not obliged to accept it. Hours vary week to week depending on demand and availability. Zero hours are common in retail, hospitality, care, distribution and gig-economy roles.

The employer typically labels these as "worker" contracts to avoid the fuller employee rights. Employment tribunals look through the label at the actual working pattern - if the pattern is regular, predictable and mutual, employee status may apply regardless of the paperwork.

Core statutory rights

  • National Minimum Wage / National Living Wage. Every hour worked must be paid at least at the applicable statutory rate.
  • Paid holiday. 5.6 weeks per year pro-rated to hours worked. Rolled-up holiday pay is lawful again since the 2024 reforms for irregular-hours workers.
  • Rest breaks. 20 minutes after 6 hours worked, 11 hours between shifts, 24 hours in every 7 days.
  • Discrimination protection. All the Equality Act 2010 protected characteristics apply.
  • Whistleblowing protection. Under the Public Interest Disclosure Act 1998.
  • Freedom from exclusivity clauses. Since 2015, exclusivity clauses in zero hours contracts are void.

Holiday pay for irregular hours

Holiday accrues at 12.07 per cent of hours worked (5.6 weeks per 46.4 working weeks). Since April 2024:

  • Rolled-up holiday pay (adding 12.07 per cent uplift to each pay period) is lawful again for irregular-hours and part-year workers.
  • Alternative approach: standard 5.6 weeks entitlement accrued and paid when taken.
  • Where rolled-up is used, the payslip must show it as a separate line labelled as holiday pay.

For the general framework see the holiday entitlement calculator and holiday pay guide.

Sick pay

Statutory Sick Pay (SSP) applies to zero hours workers who meet the standard threshold: average weekly earnings over the Lower Earnings Limit (currently £123 per week) over the 8-week reference period. Where hours vary, the average is calculated across recent weeks including zero-hour weeks. SSP is £116.75 per week (2025-26 rate) for up to 28 weeks.

Contractual sick pay is rare on zero hours contracts. Where the worker qualifies as an employee (see status section below), enhanced sick pay may follow.

Worker vs employee status

Zero hours contracts are almost always drafted as worker contracts (not employee contracts). The distinction matters because employees have additional rights:

  • Unfair dismissal protection (after 2 years service).
  • Statutory redundancy pay.
  • Statutory notice periods under section 86 ERA.
  • Maternity, paternity, parental leave rights.
  • TUPE protection on business transfer.

Tribunals decide status by the actual working pattern. Regular weekly hours, mutual obligation, personal service and integration into the business point to employee status. The Uber, Pimlico Plumbers and Deliveroo cases have shaped the modern test. If your zero hours role has settled into a regular pattern, take advice on your true status.

Notice on zero hours contracts

Written contracts often state a notice period (typically one week on both sides). Where no notice is written, the position is:

  • If genuinely worker status: no statutory notice period; the arrangement ends at the completion of the assignment.
  • If actually employee status: section 86 ERA applies - one week statutory notice from one month of service, rising with tenure.

For statutory notice detail see statutory notice period UK.

Right to request a predictable contract

The Workers (Predictable Terms and Conditions) Act 2023 gives workers with variable hours (including zero hours) the right to request a more predictable working pattern after 26 weeks of service. The employer must consider the request reasonably; refusal must be for one of the eight statutory reasons (broadly parallel to the flexible working refusal grounds).

The request procedure and remedies for refusal are set out in ACAS Code of Practice on the Right to Request Predictable Working Patterns.

Bringing a claim

Common zero hours claims:

  • Unpaid wages (below minimum wage, unpaid hours worked): tribunal or the HMRC minimum wage enforcement team.
  • Unpaid holiday pay: employment tribunal within three months.
  • Wrongful worker classification (should be employee): tribunal declaration of status plus back-payment of employee benefits.
  • Discrimination: employment tribunal within three months.

ACAS Early Conciliation is compulsory before a tribunal claim. See employment tribunal UK for the full framework.

Useful calculators

Related guides

Authority pages

Frequently asked questions

Can I be sacked from a zero hours contract without notice?
Depends on your status. If you are a worker (the usual position), the employer simply stops offering shifts - which is not a legal sacking. If you are actually an employee based on the working pattern, statutory notice applies and dismissal without notice can be wrongful dismissal. Regular weekly patterns often mean employee status.
Do zero hours workers get holiday pay?
Yes. 5.6 weeks per year pro-rated to hours worked. This is usually paid either as rolled-up holiday pay (a 12.07 per cent uplift on each payslip, labelled as holiday pay) or as an accrual paid when leave is taken. Both approaches are lawful since the April 2024 reforms.
Is a zero hours contract exclusive?
No. Exclusivity clauses in zero hours contracts are void by law since 2015. You can work for other employers alongside a zero hours contract. If the employer tries to enforce exclusivity, ignore it - the clause has no legal effect.
Do zero hours workers get sick pay?
Statutory Sick Pay applies if average weekly earnings exceed the Lower Earnings Limit over the 8-week reference period. Contractual sick pay is rare on zero hours contracts. Employee-status workers on zero hours may get enhanced contractual sick pay if the working pattern supports employee classification.
Can I ask for regular hours instead?
Yes, after 26 weeks of service. The Workers (Predictable Terms and Conditions) Act 2023 gives you a statutory right to request a more predictable working pattern. The employer must consider the request reasonably. Refusal requires one of the eight statutory grounds.

Sources and further reading

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.