Zero hours contract rights — what you're entitled to

Whether you work for a retailer, restaurant, care home, or delivery company, you have statutory minimum wage, holiday pay, and anti-discrimination protections — even on a zero hours contract.

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Can I claim unfair dismissal if I work zero hours?

Not without proving you’re an employee. Ordinary unfair dismissal needs employee status plus 2 years’ service. You can still claim discrimination dismissal, whistleblowing dismissal, or wrongful dismissal where notice wasn’t given.

If the work dries up and I get no shifts, is that redundancy?

Not unless you’re an employee. Workers on zero hours contracts have no automatic right to be offered shifts — work disappearing isn’t redundancy in law. You can’t claim redundancy pay without 2 years’ service as an employee.

How do I calculate my holiday pay on a zero hours contract?

Multiply your total hours worked in the past 12 weeks by your hourly rate, divide by 12, and multiply by 5.6 weeks. That gives your annual entitlement pro-rated to hours actually worked.

What if my employer stops offering me shifts — is that unlawful detriment?

If shifts stop after you raise a concern, report a safety issue, or exercise a statutory right, that may be unlawful detriment. If work simply dries up for business reasons, that’s not automatically unlawful.

What about Uber, Deliveroo, and gig economy platforms?

The Supreme Court ruled in Uber BV v Aslam (2021) that Uber drivers are workers, not self-employed. Most gig platform workers are likely workers, with minimum wage, holiday pay, and discrimination rights.

If I signed a zero hours contract, have I waived all my rights?

No. Statutory rights can’t be waived by contract. You still have minimum wage, holiday pay, anti-discrimination, and whistleblowing protection. The only question is whether you’re a worker or employee, which depends on the facts.

Zero hours contract rights — what you're entitled to

Last updated: April 2026

Holiday pay accrues from your first hour of work

National minimum wage is mandatory, no exceptions

Exclusivity clauses preventing you from working elsewhere

What is a zero hours contract?

A zero hours contract is an engagement where your employer offers you work "as and when" it becomes available. You have no guaranteed minimum number of hours. Typically, you can decline shifts if offered, and the employer is not obliged to offer you any work.

The critical issue is

. The law recognizes three categories:

• You control how the work is done, you are in business for yourself, you can hire substitutes. Almost no statutory rights.
• The middle category. You personally do the work, the other party controls how you do it, but there's no permanent mutuality of obligation (you can decline shifts). Most zero hours people are workers.
• The fullest status. There is mutuality of obligation — the employer is obliged to offer work, you are obliged to accept it. Employees have the most rights.

Most zero hours workers are classified as "workers" under law, even though the contract may say "self-employed contractor." What matters is the reality of the relationship, not the label.

Rights zero hours workers DO have

National Minimum Wage or Living Wage

Applies to all hours worked (or time spent on standby on premises, depending on the role). You cannot be paid less than the statutory minimum for your age.

5.6 weeks paid holiday per year

Pro-rated based on hours worked. Employers often try to roll this into the hourly rate; this is generally unlawful for regular workers.

Written statement of terms

Your employer must provide a written document setting out the key terms of the engagement (hours, pay, notice period if applicable).

Anti-discrimination protection

You cannot be discriminated against because of age, disability, gender reassignment, marriage, pregnancy, race, religion, sex, or sexual orientation.

Whistleblowing protection

If you report wrongdoing and are dismissed or punished as a result, you have a claim — from day one, no qualifying period.

Protection from unlawful wage deduction

Your employer cannot deduct from your pay without your written consent, except for tax and statutory deductions.

Statutory sick pay is now payable from day one — the 3-day waiting period and lower earnings threshold were both abolished on 6 April 2026. SSP is £118.75 per week (2026/27).

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Rights zero hours workers DON'T have (unless they're employees)

These rights require employee status (which most zero hours workers do not have):

Unfair dismissal (ordinary claim)

Requires 2 years of service as an employee. Zero hours workers cannot claim this unless they can show they were actually employees, not just workers.

Statutory redundancy pay

Only available to employees. Workers are not entitled to redundancy pay, even if work dries up.

Right to request flexible working

Only employees can request statutory changes to working hours or location.

Written reasons for dismissal

Only employees have the right to request a written statement of why they were dismissed.

Parental leave, adoption leave

These statutory rights apply to employees only.

Am I an employee or just a worker?

Employment status is determined by

the reality of the relationship

, not the label on the contract. Even if your contract says "self-employed contractor" or "casual worker," if the reality shows you are an employee or worker, you have those rights.

Courts look at factors such as:

• Do you personally do the work, or can you send a substitute?
• Does the other party control how, when, and where you work?
• Are you required to accept offers of work, or can you decline?
• Does the other party have to offer you work regularly?
• Do you have an exclusive arrangement (cannot work for others), or are you free to take other work?
• Have you worked regularly over a long period, creating an expectation of ongoing work?
• Do you receive sick pay, holiday pay, or pension contributions?

If the evidence points to a regular, ongoing relationship with control exercised by the employer, you likely have employee or worker status, regardless of what the contract says. This is why many zero hours workers who work regularly for the same employer are actually classified as employees or workers by the courts.

Exclusivity clauses — now banned

Since 2015, the Workers (Employment Rights) Regulations have banned clauses in zero hours contracts that prevent you from working for other employers. These clauses — sometimes called "exclusivity clauses" — are now unenforceable.

If your contract contains such a clause, it is void. You have the right to work for other employers alongside your zero hours role. An employer cannot enforce or threaten to enforce an exclusivity clause, and any attempt to do so may be unlawful detriment.

Holiday pay for zero hours

All workers (including zero hours) accrue 5.6 weeks of paid holiday per year. For zero hours workers, this is calculated as approximately

12.07% of hours worked

Example: If you work 100 hours per month, you accrue 12.07 hours of paid holiday per month. When you take a week off, your employer must pay you for those hours at your normal hourly rate.

Some employers use "rolled-up" holiday pay schemes, where holiday pay is added to your hourly wage instead of being paid separately. For regular workers (those with a pattern of regular work), rolled-up holiday pay is generally unlawful. Your employer must pay holiday pay when holiday is taken.

If your employer has not paid you for holiday you have taken, or if you have left and are owed accrued holiday, you can claim unpaid wages in the employment tribunal or pursue the claim through HMRC and the wage enforcement authorities.

Frequently asked questions

Can I claim unfair dismissal if I work zero hours?

Not without proving you are an employee. Ordinary unfair dismissal requires employee status plus 2 years of service (ERA 1996 s.94). However, you can claim discrimination dismissal or dismissal in response to a protected disclosure from day one, and you can claim wrongful dismissal if proper notice was not given. Consult Start My Claim to assess your circumstances.

If the work dries up and I get no shifts, is that redundancy?

Not unless you are an employee. For workers on zero hours contracts, the employer is under no obligation to offer you any shifts. If work disappears and you receive no further offers, that is not "redundancy" under law — it is simply the ending of the casual arrangement. You cannot claim redundancy pay unless you are an employee with 2 years' service.

How do I calculate my holiday pay on a zero hours contract?

Multiply your total hours worked in the past 12 weeks by your hourly rate, divide by 12, and multiply by 5.6 weeks. This gives your annual entitlement pro-rated by the hours you have actually worked. Holiday pay accrues on a rolling basis. Start My Claim can help you calculate unpaid holiday.

What if my employer stops offering me shifts — is that unlawful detriment?

If shifts stop immediately after you raise a concern, report a safety issue, or exercise a statutory right (e.g., requesting a copy of your payslip or reporting a wage deduction), that may be unlawful detriment. If you can show the withdrawal of shifts was because of a protected reason (whistleblowing, discrimination, etc.), you have a claim. However, if work simply dries up for business reasons, that is not automatically unlawful.

What about Uber, Deliveroo, and other gig economy platforms?

The Supreme Court ruled in Uber BV v Aslam (2021) that Uber drivers are workers, not self-employed. Other gig platforms have been subject to similar challenges. Most gig platform workers are likely to be classified as workers, which means they have minimum wage, holiday pay, and discrimination protection rights. See our page on gig economy rights for more detail.

If I signed a zero hours contract, have I waived all my employment rights?

No. Statutory rights cannot be waived by contract. Even if you agreed in writing to a zero hours engagement with limited rights, you still have statutory minimum wage, holiday pay, anti-discrimination protection, and whistleblowing protection. Contracts cannot remove these rights. The only question is whether you are a worker or employee, which depends on the facts.

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