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Zero Hours Contracts: Rights You May Not Know You Have

Last updated: Checked against primary legislation on legislation.gov.uk

Zero-hours contracts, where an employer is not obliged to offer work, and you're not obliged to accept it, have become widespread in the UK. Many people on these contracts don't realise they still have significant employment rights. You are likely a 'worker' (if not an employee), and workers have strong statutory protections. This guide explains what you're entitled to.

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Employment status, employee, worker, or self-employed?

Your rights depend on your employment status. Most people on zero-hours contracts are workers, not employees, but the label your employer uses does not determine your legal status.

Worker rights (most ZHC workers)
  • National Living Wage
  • Paid annual leave (5.6 weeks)
  • Rest breaks
  • Protection from unlawful deductions
  • Whistleblowing protection
  • Pension auto-enrolment (if eligible)
Employee rights (some ZHC workers)
  • All worker rights, plus:
  • Unfair dismissal protection (after 2 years)
  • Statutory redundancy pay (after 2 years)
  • Statutory sick pay
  • Maternity/paternity/adoption leave
  • Flexible working requests
If you're regularly working for the same employer, have set shifts, are told when to work, use their equipment, and cannot send a substitute, you may be an employee regardless of what the contract says. Employment status is determined by how the arrangement actually works in practice.

Holiday pay on zero-hours contracts

All workers, including those on zero-hours contracts, are entitled to 5.6 weeks of paid annual leave per year. For irregular hours workers, holiday entitlement and pay is now calculated differently following 2024 reforms:

  • Holiday entitlement accrues at 12.07% of hours worked in each pay period
  • Holiday pay must reflect your average pay over the previous 52 working weeks
  • Rolled-up holiday pay (adding a percentage to your hourly rate instead of paying when you take leave) is now lawful for irregular hours workers
  • You should be clear on whether your pay includes rolled-up holiday pay or whether it's paid separately
  • Even if you've never taken any leave, you're entitled to be paid for accrued leave when your contract ends
Check your payslips to see if "holiday pay" is included. Some employers add it to the hourly rate without making it clear, others fail to pay it at all. Either can be an underpayment.

National Living Wage and minimum wage

Every hour you work must be paid at least the National Living Wage (or National Minimum Wage for under 21s). From April 2026:

AgeMinimum hourly rate
21 and over (National Living Wage)£12.71
18 to 20£10.85
16 to 17£8.00
Apprentice£8.00
If you're being paid below the minimum wage, report it to HMRC via gov.uk/pay-and-work-rights. HMRC can investigate and enforce payment. You can also bring an unlawful deduction from wages claim at the Employment Tribunal.

The ban on exclusivity clauses

Exclusivity clauses, which prevented zero-hours workers from working for other employers, are unlawful and cannot be enforced. You have the right to:

  • Work for multiple employers simultaneously
  • Not be penalised for working elsewhere
  • Be protected from detriment or dismissal for refusing to agree to an exclusivity clause

Right to request predictable working hours

The Workers (Predictable Terms and Conditions) Act 2023 introduced a right for workers on zero-hours contracts (or short fixed-term contracts) to request a more predictable working pattern after 26 weeks of service.

  • You can make up to 2 requests per year
  • The request must be for a more predictable working pattern (e.g. regular set hours or days)
  • Your employer must consider the request and respond within 1 month
  • They can refuse on certain business grounds but must give reasons
  • You have a right not to be subjected to detriment for making a request

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Frequently asked questions

What rights do zero hours workers have?

Zero hours workers are classed as 'workers' (not employees) and are entitled to: National Living Wage, paid annual leave (5.6 weeks pro-rata), rest breaks, protection from discrimination, and protection against unlawful deduction from wages. They do not have the right to request flexible working or statutory redundancy pay unless they also have employee status.

Am I entitled to holiday pay on a zero hours contract?

Yes. You accrue holiday at 12.07% of the hours you work. Since April 2024, holiday pay for irregular hours workers must be calculated using an accrual method, 12.07% of hours worked in each pay period, rather than the previous rolled-up holiday pay method. Your employer must clearly show how holiday pay is calculated on your payslip.

Can my employer stop me working for other employers on a zero hours contract?

No. Exclusivity clauses in zero hours contracts are banned under the Employment Rights Act 1996 (as amended). An employer cannot contractually prevent a zero hours worker from working for another employer. Any such clause is unenforceable, and it is illegal to dismiss or penalise a worker for ignoring it.

Is a zero hours worker the same as a self-employed person?

No. Zero hours workers are workers in employment law, not self-employed. The key difference is that a worker works under the direction of the business and cannot substitute someone else to do their work. Self-employed people run their own business and typically take on projects for multiple clients. Misclassification as self-employed is unlawful and can be challenged at tribunal.

What National Minimum Wage rate applies to zero hours workers?

The same National Living/Minimum Wage rates apply regardless of contract type. From April 2026: £12.71 per hour for age 21+, £10.85 for ages 18 to 20, £8.00 for ages 16 to 17 and apprentices. If you are paid less than these rates, you can report your employer to HMRC or bring an unlawful deduction from wages claim at tribunal.

Related guides

Holiday Pay
Detailed guide to holiday pay for irregular hours workers.
Sick Pay
Statutory Sick Pay eligibility for zero-hours workers.
Discrimination at Work
Discrimination protections extend to all workers.
Employment Tribunal
How to bring a claim for unpaid wages or holiday pay.

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https://www.knowyourrightsuk.com/employment/zero-hours
Know Your Rights UK. "Zero Hours Contracts: Rights You May Not Know You Have." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/zero-hours