UK Zero Hours Contract Rights 2026

As a worker on a zero hours contract in the UK, you may be unsure about your rights to holiday pay, minimum wage, and protection from unfair treatment. In this article, we will guide you through the key aspects of zero hours contract rights in the UK, covering the relevant laws and regulations, including the Employment Rights Act 1996 and the National Minimum Wage Act 1998.

What is a Zero Hours Contract?

A zero hours contract is a type of employment contract where the employer does not guarantee the worker a set number of hours of work per week. Instead, the worker is expected to be available to work as and when required by the employer. This type of contract is often used in industries such as retail, hospitality, and healthcare. Under the Employment Rights Act 1996, Section 230, a worker on a zero hours contract is considered to be an employee and is therefore entitled to certain employment rights, including the right to a written statement of employment particulars, which must include details of their employment status, pay, and holiday entitlement. In the case of Autoclenz Ltd v Belcher [2011] UKSC 41, the Supreme Court held that workers on zero hours contracts can be considered employees for the purposes of employment law, even if they are not guaranteed a set number of hours of work.

Key takeaway: Workers on zero hours contracts are entitled to a written statement of employment particulars, including details of their employment status, pay, and holiday entitlement.

Holiday Pay Entitlement

Workers on zero hours contracts are entitled to paid holiday, just like other employees. The Working Time Regulations 1998, Regulation 13, provide that workers are entitled to a minimum of 28 days’ paid holiday per year, including bank holidays. The holiday pay entitlement is calculated based on the worker’s average earnings over the previous 52 weeks, and is paid at the same rate as their normal pay. In the case of Bear Scotland Ltd v Fulton [2015] IRLR 15, the Employment Appeal Tribunal held that workers on zero hours contracts are entitled to paid holiday, and that the holiday pay entitlement should be calculated based on the worker’s average earnings over the previous 52 weeks. It’s worth noting that the UAE’s Labour Law, Article 74, also provides for paid annual leave, highlighting the global recognition of workers’ rights to holiday pay.

Key takeaway: Workers on zero hours contracts are entitled to a minimum of 28 days’ paid holiday per year, including bank holidays.

Minimum Wage Entitlement

Workers on zero hours contracts are entitled to the national minimum wage, just like other employees. The National Minimum Wage Act 1998, Section 1, provides that workers are entitled to a minimum wage of £9.50 per hour for workers aged 23 and over, £9.18 per hour for workers aged 21-22, and £6.83 per hour for workers under 21. The minimum wage entitlement applies to all hours worked, including time spent on call or on standby. In the case of Focus Care Agency Ltd v Roberts [2017] UKEAT/0144/16, the Employment Appeal Tribunal held that workers on zero hours contracts are entitled to the national minimum wage for all hours worked, including time spent on call or on standby. Similarly, India’s Minimum Wages Act 1948, Section 3, also provides for the payment of minimum wages to workers, demonstrating the global commitment to fair compensation.

Key takeaway: Workers on zero hours contracts are entitled to the national minimum wage for all hours worked, including time spent on call or on standby.

Unfair Treatment and Discrimination

Workers on zero hours contracts are protected from unfair treatment and discrimination, just like other employees. The Equality Act 2010, Section 39, provides that employers must not discriminate against workers on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act also provides that employers must not harass or victimise workers. In the case of Allay (UK) Ltd v Gehlen [2019] UKEAT/0274/18, the Employment Appeal Tribunal held that workers on zero hours contracts are protected from unfair treatment and discrimination, and that employers must not discriminate against workers on the grounds of their employment status. The UAE’s Federal Decree-Law No. 6 of 2020, Article 7, also prohibits discrimination in employment, highlighting the importance of protecting workers’ rights globally.

Key takeaway: Workers on zero hours contracts are protected from unfair treatment and discrimination, and employers must not discriminate against workers on the grounds of their employment status.

Practical Steps for Workers on Zero Hours Contracts

If you are a worker on a zero hours contract, there are several practical steps you can take to protect your rights. First, make sure you have a written statement of employment particulars, which should include details of your employment status, pay, and holiday entitlement. Second, keep a record of all hours worked, including time spent on call or on standby. Third, check your pay to ensure you are receiving the national minimum wage for all hours worked. Fourth, be aware of your rights to paid holiday and take steps to ensure you are receiving your entitlement. Finally, if you experience any unfair treatment or discrimination, do not hesitate to contact a trade union or an employment lawyer for advice. In the UK, workers can also seek guidance from ACAS, while in India, the Labour Department provides similar support.

Key takeaway: Workers on zero hours contracts should keep a record of all hours worked and check their pay to ensure they are receiving the national minimum wage for all hours worked.

Frequently Asked Questions

What is a zero hours contract?

A zero hours contract is a type of employment contract where the employer does not guarantee the worker a set number of hours of work per week.

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

Yes, workers on zero hours contracts are entitled to paid holiday, just like other employees.

What is the minimum wage for workers on zero hours contracts?

The minimum wage for workers on zero hours contracts is £9.50 per hour for workers aged 23 and over, £9.18 per hour for workers aged 21-22, and £6.83 per hour for workers under 21.

Can I claim unfair dismissal on a zero hours contract?

Yes, workers on zero hours contracts can claim unfair dismissal, but only if they have completed the qualifying period of two years’ service.

How do I know if I’m an employee or a worker on a zero hours contract?

You can check your employment status by looking at your written statement of employment particulars, which should include details of your employment status, pay, and holiday entitlement.

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