Zero hours contracts

To find out which employment rights you are entitled to, it is first necessary to work out your employment status. In the UK, there are three main types of employment status:

• Worker
• Employee
• Self – employed

It is important to know your status because employees are entitled to more legal rights and protections compared to workers and the self-employed. However, workers do still have some rights.

Your employment status under a zero hours contract depends not just on the terms of your contract, but more importantly on how the relationship between you and the organisation works in reality (i.e. not just what is written in your contract).

Generally, people on zero hours contracts tend to be classified as workers rather than employees. Factors that suggest you might be a worker include:

• You are not offered regular hours by the organisation; and
• You can freely accept or reject work.

However, there are some circumstances where you might be classed as an employee even though working under a zero hours contract.

For more information, see our page on {how to work out your employment status}.

There is a common misunderstanding that people working under a zero hours contract have no legal rights at all. This is not true: zero hours do not mean zero obligations for the employer. If your employment status is that of a worker, even if you are working under a zero hours contract, you will still be entitled to:

• National Minimum Wage and National Living Wage
• An itemised payslip
• A written statement of your terms of work, on or before the first day of work
• Paid statutory holiday
• Daily and weekly rest periods and rest breaks, and a 48-hour limit on your average working week
• Protection against discrimination
• Carry out your work in an environment where any risk to your health and safety is properly controlled. For more information on health and safety in the workplace visit the Health and Safety Executive website.

Some workers may also qualify for Statutory Sick Pay (SSP) if they meet the eligibility requirements to do with e.g. how much they earn. Citizens Advice provides more information about SSP entitlement.

If your employment status is a “worker” and you are on a zero hours contract, you are not entitled to:

• Protection from unfair dismissal
• Minimum notice period
• Redundancy pay

These rights are only available to someone who is classed as an employee.

To find out more about your employment rights if working under a zero hours contract visit the ACAS website.

People working under zero hours contracts are entitled to the National Minimum Wage and the National Living Wage for the hours they work. How much you get will depend on how old you are. If you are aged 23 or over, you get the National Living Wage. If you are under 23, you get the National Minimum Wage.

The amount is decided by the Government and changes annually. You can find the current rates at: National Minimum Wage rates.

I think I am not being paid the National Minimum / Living Wage

For general guidance on National Minimum Wage, you can visit the government website. You can also check the rates for the National Minimum/Living Wage.

For more information on your entitlement, you can review the guidance on the ACAS website.

If you think you are not being paid the minimum wage, there are lots of different ways to try and deal with the problem yourself. ACAS has some good advice on their website about what you can do.

A clause in a contract requiring a person to work exclusively for one organisation only is known as an ‘exclusivity clause.’

Exclusivity clauses were banned in May 2015 when it was made illegal for an organisation to prevent an individual who is working under a zero hours contract from working elsewhere.

If you are an employee working under a zero hours contract for an organisation, you cannot be unfairly dismissed by the organisation just for working elsewhere. Employees and workers working under a zero hours contract cannot be subjected to a detriment for working elsewhere, such as being bullied or being offered fewer hours of work by the organisation as a result.

You may be able to bring an Employment Tribunal claim and claim compensation if the organisation you work for has not respected your rights in this regard.

If you think an organisation you are working for under a zero hours contract is not following the law correctly – for example, not giving you rest breaks you are entitled to or paying you the right amount – in the first instance, you can try and resolve the issue informally with the organisation through direct conversation.

If that doesn’t resolve matters, you might consider raising a formal grievance (a complaint in writing). The ACAS website has some useful guidance on their website about raising a problem at work.

If internal processes with the organisation have not resolved the issue to your satisfaction you might be able to make a claim to an Employment Tribunal. The ACAS website offers more information on how to do this (and information on the fees and time limits for doing so).

I need more help

If you are struggling to deal with the problem yourself, there are lots of places where you can get more help.

Before you contact anyone for support, it’s really important to have as much information as possible.

Things you might need include:

• a description of the problem you are having
• a copy of your employment contract (if you have one)
• a copy of any recent pay slips (if you have one)
• a copy of any letters or emails between you and the person you work for that relate to the problem you are having
• details of any conversations about the problem you have had with the person you work for

Where can I find specialist advice?

We’ve compiled a list of advice centres in London to help you find out where to get help.

The following services can also provide general advice on employment rights:

• Law Centres (national) – find out if you have a local free legal advice centre

• Citizens Advice – find your nearest Citizens Advice

• ACAS (the Advisory, Conciliation and Arbitration Service)

Visit our Employment Rights Hub for more information. We've created a map of advice centres in London to help you find out where you can visit someone to get help. We've also provided their details in a list. Lots of them also give advice over the telephone or via email.