Short answer
A zero-hours contract does not mean you have no rights. If you work regularly for the same employer, you are almost certainly a "worker" and are entitled to: the National Living Wage; statutory holiday pay (5.6 weeks per year); the right not to be dismissed for asserting a statutory right; and, under the Workers (Predictable Terms and Conditions) Act 2023, the right to request a contract with predictable working hours if you have worked for the employer for 26 weeks.
The rights you have depend on whether you are a "worker" or an "employee" — the difference matters for rights such as unfair dismissal and redundancy pay, which require employee status. Most zero-hours contract workers are workers, not employees, unless their contract requires them to accept all work offered and the employer is required to offer it.
1 The rule
The core statutory rights for zero-hours workers flow from two Acts:
"A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker … refused to comply with a requirement imposed … in contravention of section 27A."Read the official text
Section 27A of the Employment Rights Act 1996 (inserted by the Small Business, Enterprise and Employment Act 2015) makes it unlawful for an employer to include an exclusivity clause in a zero-hours contract — a term that prevents the worker from working for another employer. Such clauses are unenforceable. The Workers (Predictable Terms and Conditions) Act 2023 adds a right to request a predictable working pattern after 26 weeks of regular work.
2 What you can do now
- Establish whether you are a "worker" or an "employee"
Most zero-hours contract workers are "workers" rather than "employees" in law. The distinction matters: employees have additional rights (unfair dismissal, statutory redundancy pay, parental leave rights) that workers do not. You are likely an employee if: your contract requires you to accept every shift offered, and the employer is required to offer shifts. You are likely a worker if: you can turn down shifts, but when you work you are under the employer's control. If you are genuinely self-employed and in business on your own account, different rules apply again. Check your contract carefully and, if unsure, seek advice from ACAS or an employment solicitor.
- Know your core "worker" rights
All workers — including zero-hours workers — are entitled to: (1) the National Living Wage (£11.44/hour for workers aged 21+ in 2024/25 — check the current rate at <a href="https://www.gov.uk/national-minimum-wage-rates" target="_blank" rel="noopener noreferrer">GOV.UK</a>); (2) 5.6 weeks of paid annual leave per year (calculated on average pay over the last 52 weeks worked); (3) rest breaks and limits on working time under the Working Time Regulations 1998; (4) protection from unlawful deductions from wages; (5) the right not to be subjected to detriment for refusing to sign an exclusivity clause; (6) protection from discrimination under the Equality Act 2010. These rights cannot be contracted out of.
- Check for unlawful exclusivity clauses
Under s.27A of the Employment Rights Act 1996, any clause in a zero-hours contract that prevents you from working for another employer is void and unenforceable. If your contract contains such a clause, you can ignore it. If your employer punishes you (for example, by reducing your hours or dismissing you) for working elsewhere, you can bring a detriment claim at the Employment Tribunal. Keep a record of any shift reductions or other adverse treatment after you work for another employer.
- Request a predictable working pattern after 26 weeks
Under the Workers (Predictable Terms and Conditions) Act 2023, once you have worked for the same employer for 26 weeks (regardless of the total hours in each week), you have the right to make a written request for a contract with a predictable working pattern — fixed days or hours. You can make up to two such requests per year. The employer must deal with your request within one month and can only refuse on specified business grounds. If your employer fails to deal with the request properly, dismisses you, or subjects you to detriment for making it, you can bring a complaint to the Employment Tribunal. This right is in addition to — not instead of — your right to request flexible working as an employee.
- Know how holiday pay is calculated on a zero-hours contract
If you work irregular hours, holiday pay is calculated as 12.07% of your earnings over the previous 52 working weeks (excluding weeks not worked). Since April 2024, workers with irregular hours can receive an accrual of holiday pay calculated at 12.07% of pay in each pay period ("rolled-up holiday pay"), provided this is clearly set out in their contract and separately identified on payslips. If you believe you have been underpaid holiday pay, you can claim the underpayment at the Employment Tribunal within three months of each underpayment, or as a series of deductions. See the <a href="/guides/employment/holiday-pay-dispute" class="body-link">holiday pay dispute guide</a>.
3 When this does not apply
- If you are genuinely self-employed — you set your own hours, provide your own equipment, can send a substitute, and are in business on your own account — the worker rights above do not apply. The Employment Tribunal decides the true nature of the relationship regardless of what the contract says.
- The right to request a predictable working pattern under the 2023 Act does not apply if the variation of the working pattern is "agreed" — meaning your contract already has a predictable pattern that you chose to vary.
- Domestic workers employed in a private household have some different rights — see the ACAS guidance for domestic workers.
4 Common questions
Does a zero-hours contract mean I am not an employee?
Not necessarily. Whether you are an employee, a worker, or genuinely self-employed depends on the actual nature of the working relationship, not just what the contract says. The key questions are: must you personally do the work? Must you accept shifts? Is there a genuine obligation on the employer to offer work? If you work regularly, follow the employer's instructions, and cannot send a substitute, you may well be an employee despite what your contract says.
Am I entitled to sick pay on a zero-hours contract?
Statutory Sick Pay (SSP) is paid to workers (including zero-hours workers) who meet the qualifying conditions: you must have average earnings above the lower earnings limit (£123/week in 2024/25) over the last eight weeks, and you must be unable to work due to illness for at least four consecutive days. If your earnings are variable, the average is calculated over the last eight weeks you actually worked. Some zero-hours workers will not qualify if their earnings are very low or irregular. Check your eligibility at <a href="https://www.gov.uk/statutory-sick-pay/eligibility" target="_blank" rel="noopener noreferrer">GOV.UK</a>.
Can my employer give me fewer hours because I worked elsewhere?
If your employer reduces your hours because you exercised your right to work for another employer (i.e., you refused to comply with an exclusivity clause), this is unlawful detriment under s.27B of the Employment Rights Act 1996. You can complain to an Employment Tribunal within three months of the detriment. Keep a record of when the reduction in hours started and any communication from the employer about it.
What is the Workers (Predictable Terms and Conditions) Act 2023?
The Workers (Predictable Terms and Conditions) Act 2023 gives workers and agency workers with at least 26 weeks' service the right to make a written request for a contract with a predictable working pattern. The employer must respond within one month and can only refuse on specified business grounds. If the employer dismisses or penalises the worker for making the request, the worker can bring an Employment Tribunal claim. The Act came into force in September 2024. It applies to zero-hours contract workers in England, Scotland, and Wales.
Sources