Zero-Hours Contracts: Your Rights, Explained Simply

Zero-hours contracts have been controversial for years. Millions of workers in the UK are employed on them — in hospitality, retail, healthcare, social care, and the gig economy — and many are uncertain about what rights they have. The answer is: more than many people realise. And from 2025, a significant new right has been added. Here is a complete guide to your rights on a zero-hours contract.

What Is a Zero-Hours Contract?

A zero-hours contract is a working arrangement under which the employer does not guarantee any minimum number of hours. You are available for work as and when the employer needs you, but there is no obligation on the employer to offer work and (depending on the specific terms) no obligation on you to accept it when offered. This distinguishes zero-hours arrangements from part-time or temporary contracts, where specific hours are guaranteed.

Zero-hours contracts are legal in the UK. There is no general prohibition on them, though some specific restrictions apply (see below on exclusivity clauses).

Workers Vs Employees: Why It Matters

Most people on zero-hours contracts are classified as "workers" rather than "employees" under UK employment law. This distinction matters because some rights (like unfair dismissal and statutory redundancy pay) are only available to employees. However, workers have an important set of rights including:

• National Minimum Wage / National Living Wage
• Statutory holiday pay
• Rest breaks and limits on working time
• Protection from whistleblower detriment
• Protection from discrimination under the Equality Act 2010
• Statutory Sick Pay (if earnings meet the lower earnings limit — this threshold is being removed from April 2026)

If you are genuinely an employee (you are required to turn up when asked, the employer is required to offer work, and you have a regular pattern of work), you may have employment status entitling you to the full range of employee rights. Employment status is determined by the actual reality of the working relationship, not just what the contract says.

Holiday Pay on Zero-Hours Contracts

All workers, including those on zero-hours contracts, are entitled to 5.6 weeks' paid annual leave per year (this includes the 4 weeks under the Working Time Directive plus the additional 1.6 weeks under domestic UK law). For zero-hours workers, holiday pay is calculated based on your average pay over the previous 52 weeks (excluding weeks where you received no pay).

The "rolled-up" holiday pay arrangement — where a holiday premium is paid with each hour worked rather than when you take leave — is now legal following the Supreme Court's ruling in Harper Trust v Brazel [2022] and subsequent government legislation. Some employers have adopted this approach with zero-hours workers, but only where it is clearly set out in the contract and the worker is genuinely free to take leave at any time.

National Minimum Wage

You are entitled to the National Minimum Wage (or National Living Wage if aged 21 or over) for every hour you actually work, plus for any time you are required to be on call or available to work at the employer's premises. If you are paid less than the minimum wage for any hours worked, this is an unlawful deduction from wages. You can report this to HMRC, who enforce minimum wage rules, or bring a claim in the employment tribunal.

Exclusivity Clauses Are Banned

Under the Zero-Hours Workers (Prohibition of Exclusivity Clauses) Regulations 2015, exclusivity clauses in zero-hours contracts are unenforceable. An exclusivity clause would require you to work only for that employer or to obtain the employer's permission before working elsewhere. Any such clause is void. Employers cannot dismiss you or subject you to a detriment for working for another employer while on a zero-hours contract — although they can ask you not to work for a competitor if there is a legitimate business reason, using a separate (non-exclusivity) clause.

The New Right to Request Guaranteed Hours (2025)

This is the most significant new right for zero-hours workers. The Employment Rights Act 2025 introduced a right for workers on zero-hours contracts (and other contracts that do not guarantee a minimum number of hours) to request a contract that reflects their average actual working hours. Specifically:

• After 12 weeks of working a regular pattern of hours, you have the right to request a guaranteed hours contract reflecting that pattern.
• The employer must consider the request and respond in writing within a reasonable timeframe.
• The employer can decline on certain specified grounds (e.g. genuine business reasons related to demand uncertainty), but must explain the reason in writing.
• It is automatically unfair to dismiss you or subject you to a detriment for making such a request.

This right is not a right to guaranteed hours — it is a right to request them. But it gives zero-hours workers a formal mechanism to seek stability that did not previously exist. Employers who routinely use zero-hours arrangements for workers who have settled into a regular pattern should expect more of these requests.

Rest Breaks and Working Time

Zero-hours workers are covered by the Working Time Regulations 1998 in full. This means:

• A 20-minute rest break when you work more than 6 consecutive hours
• 11 consecutive hours of rest between working days
• An average of no more than 48 hours per week (you can opt out in writing, but cannot be forced to)
• One day off per week (or two days per fortnight)

What to Do If Your Rights Are Being Breached

If you are not receiving minimum wage, not being paid for holidays, or being penalised for working elsewhere or requesting guaranteed hours, you have options:

• For minimum wage issues: Contact HMRC's national minimum wage helpline or submit an online report. HMRC can investigate and recover back pay.
• For holiday pay: Bring a claim in the employment tribunal for unlawful deduction from wages. The time limit is three months less one day from the last deduction.
• For other employment rights: Contact ACAS (0300 123 1100) or use the employment tribunal after ACAS Early Conciliation.

Being on a zero-hours contract does not mean being without rights. Know what you are entitled to, and do not be put off from enforcing it.