A zero-hours contract offers no guaranteed hours. You're on-call, and the employer can cancel shifts with little notice or offer none at all. They're increasingly common, but they create instability and uncertainty. The problem: many zero-hours contracts contain terms designed to restrict your options — preventing you from working for competitors, requiring you to be available 24/7, or imposing penalties for refusing shifts. UK law does protect you, but only if you know your rights.
What is a Employment Rights?
A zero-hours contract is an employment agreement with no guaranteed minimum hours. The employer can offer shifts on an ad-hoc basis; you're obliged to accept (or you face no work). These contracts are legal, but UK law has introduced protections: exclusive clauses (preventing you from working elsewhere) are limited, unfair contract terms are unenforceable, and you retain statutory rights to minimum wage, holiday pay, and protection against discrimination.
Red flags to watch for
Exclusivity clauses in zero-hours contracts were heavily restricted by the Employment Rights Act 2023. A clause saying 'you cannot work for anyone else' is likely unenforceable if you have no minimum hours.
Even on zero-hours, you're entitled to the minimum wage for every hour worked and 5.6 weeks' paid holiday per year (pro-rated for hours worked).
You cannot be penalized for refusing work, nor can the employer impose unreasonable availability requirements on a zero-hours contract.
Even zero-hours workers have statutory notice rights and potential redundancy entitlements if you've worked there 2+ years.
The contract should be clear: when shifts are offered, how much notice, and your right to decline without penalty.
Non-competes on zero-hours contracts are problematic because you're not guaranteed income. Courts may find them unreasonable.
These rights are statutory and cannot be removed by contract. You're entitled to them regardless.
Your legal rights
Under the Employment Rights Act 2023, zero-hours contracts with exclusive clauses (preventing work elsewhere) are automatically unenforceable unless the employer offers a minimum number of hours that provide genuine income. The Employment Rights Act 1996 provides statutory protections: minimum wage (National Living Wage or apprentice rate), 5.6 weeks' paid holiday, sick leave, parental leave, protection against discrimination, and protection against unfair dismissal (after 2 years). The Equality Act 2010 protects against discrimination on protected grounds. An unfair contract term (Consumer Rights Act 2015) is unenforceable if it significantly imbalances your rights.
Questions to ask before you sign
- 1Is there an exclusivity clause saying I can only work for you? If so, what are the exceptions?
- 2How many hours per week am I guaranteed, if any?
- 3How much notice is given before shifts are offered? Can I decline shifts without penalty?
- 4Am I paid at least the minimum wage for every hour worked?
- 5How is holiday pay calculated, and how much paid holiday am I entitled to?
- 6Can you terminate my contract immediately, or must you provide notice?
- 7If I'm made redundant, am I entitled to redundancy pay?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.