Zero-Hours Contracts: Your Rights
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Zero-hours contracts — where the employer does not guarantee any minimum number of hours — are widely used across hospitality, retail, and care sectors. Despite the lack of guaranteed hours, workers on zero-hours contracts have significant legal rights. The Employment Rights Act 2025 and further reforms are strengthening these rights.
Key points
- Workers on zero-hours contracts are entitled to the National Minimum Wage for every hour worked, paid holiday, and rest breaks.
- Exclusivity clauses — preventing you from working for other employers — are unenforceable on zero-hours contracts.
- Under the Employment Rights Act 2025, workers will have the right to a contract offer reflecting their average worked hours after a qualifying period.
- You accrue holiday at 12.07% of hours worked if you have no fixed hours, entitling you to paid leave.
Basic Rights on a Zero-Hours Contract
Despite the name, a zero-hours contract does not mean zero rights. Workers (as opposed to employees) on zero-hours contracts are entitled to:
- National Minimum Wage (or National Living Wage): For every hour worked. Your employer cannot underpay on the grounds that your hours vary.
- Paid holiday: Accrued at 12.07% of hours worked. For every hour you work, you accrue approximately 7.24 minutes of paid holiday entitlement.
- Rest breaks: A 20-minute rest break for shifts over six hours, 11 hours of daily rest, and a minimum 24 hours' weekly rest.
- Protection from unlawful discrimination: Under the Equality Act 2010, you cannot be treated less favourably because of a protected characteristic.
- Whistleblowing protection: If you raise a protected disclosure, you cannot be dismissed or treated detrimentally because of it.
Note that some of these rights apply to workers, while others (such as unfair dismissal rights) are reserved for employees. Your employment status determines which rights apply — see our guide on employee vs worker status for more detail.
Exclusivity Clauses Are Unenforceable
The Small Business, Enterprise and Employment Act 2015 made exclusivity clauses in zero-hours contracts unenforceable. An exclusivity clause is one that prevents you from working for another employer while on a zero-hours contract. Such clauses are void — you cannot be contractually bound to work only for your zero-hours employer when they may give you no work at all.
Furthermore, it is unlawful for your employer to dismiss you or treat you detrimentally for breaching an exclusivity clause. If you are dismissed or penalised for working elsewhere while on a zero-hours contract, you may have a claim for unfair dismissal (if you have employee status) or for a detriment claim (if you are a worker).
If your employer has inserted an exclusivity clause in your contract, you can ignore it — it is not binding. If they take action against you for working elsewhere, seek advice from Acas or Citizens Advice.
The Right to Guaranteed Hours
The Employment Rights Act 2025 (building on earlier consultation) is introducing a right for zero-hours workers to be offered a contract that reflects the hours they actually work. After a qualifying period — expected to be 12 weeks — workers will be entitled to an offer of a contract reflecting their regular working pattern.
Unlike the earlier, never-commenced request-based scheme, this places the onus on the employer to make the offer rather than on the worker to ask. Employers can only decline to guarantee hours on specific business grounds.
Additionally, reforms are introducing a right to reasonable notice of shifts and to compensation if a shift is cancelled at short notice. Check the current government guidance for the latest implementation timetable, as these reforms are being rolled out in phases.
The Workers (Predictable Terms and Conditions) Act 2023
The Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent in September 2023 but was never brought into force. It was repealed in full on 6 January 2026 by the Employment Rights Act 2025 (ss.7 and 159(3); SI 2026/3), which replaces the request-based approach with guaranteed-hours reforms. As passed, it would have given workers and agency workers a statutory right to request a predictable working pattern from their employer.
The right would have applied to workers who have a pattern of work that lacks certainty in terms of the hours they work, the times at which they work, or whether they work at all in a given period. This directly targeted the uncertainty at the heart of zero-hours arrangements. Key features of the right, as enacted, were:
- Who could have requested: Workers engaged for at least 26 weeks whose existing working pattern was uncertain would have been able to request predictable terms. Agency workers with 26 weeks of continuous engagement with the same hirer would also have been covered.
- What could have been requested: Changes to hours, times of work, or the period during which the worker is required to be available to work, specifying the desired pattern and the date from which it should apply.
- Employer response: The employer would have had to deal with the request in a reasonable manner and notify the worker of their decision within one month, refusing only on specific statutory grounds — for example, where the predictable working pattern would have a detrimental effect on the employer's ability to meet customer demand, or would have a detrimental impact on planned structural changes.
- Limits on requests: A maximum of two requests in any 12-month period.
- Enforcement: Non-compliance would have been enforceable by a claim to the Employment Tribunal, which could have made a declaration and awarded compensation.
Because the 2023 Act never took effect, these provisions never became exercisable rights. The Employment Rights Act 2025 — the same Act that repealed it — instead strengthens rights around guaranteed hours and shift notice, putting the onus on employers to offer contracts reflecting regular working patterns. Check the current government guidance and Acas website for the most up-to-date implementation status of the 2025 Act's zero-hours reforms.
Frequently asked questions
Am I entitled to sick pay on a zero-hours contract?
Can my employer stop giving me hours as a punishment?
How do I calculate my holiday entitlement on a zero-hours contract?
Can I request a predictable working pattern under the 2023 Act?
Does the right to request predictable hours mean my employer must give me a regular contract?
In-depth answers
What to do next
- 1Read Acas guidance on zero-hours contracts
Acas guidance on rights and good practice for zero-hours workers.
- 2Check your employment status
Understand whether you are an employee, worker, or self-employed.
- 3Read about holiday pay entitlement
Understand how holiday pay is calculated for variable-hours workers.
Tools for this topic
Free interactive checks and calculators related to this guide.
- Am I a worker, employee, or self-employed?Wizard
- Do I have an Equality Act discrimination claim?Wizard
- Statutory Redundancy PayCalculator
- Holiday PayCalculator
- Statutory Sick PayCalculator
- Notice Period & PILONCalculator
Related tools and templates
Compare your options, work through the steps, or send a letter.
- Carer's Leave vs Time off for Dependants vs Parental Leave vs Carer's AllowanceComparison
- Employment Tribunal Claim Filing ChecklistChecklist
- I Have Been Discriminated Against at WorkStep by step
- Formal grievance letterLetter template
- Compare Employment Leave TypesComparison
- Maternity Leave Preparation ChecklistChecklist
Official bodies and resources
Advisory, Conciliation and Arbitration Service
GovernmentProvides free, impartial advice on workplace relations and employment law, and offers early conciliation before tribunal claims.
Employment Tribunal
TribunalHears claims about employment disputes, including unfair dismissal, discrimination, and unpaid wages.
HM Revenue & Customs
GovernmentResponsible for collecting taxes, paying some forms of state support, and administering national insurance.
Citizens Advice
CharityProvides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.
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