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If you are on a zero hours contract and feel UNFAIRLY treated by your employer,
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frequently asked questions
We are regularly asked for advice by workers on zero hours contracts, so, for the benefit of all, we have put together this page of frequently asked questions and answers.
If, after the reading the information below, you still require help with your case, please drop us a message here.
Click on any question to see the answer appear on screen.
If, after the reading the information below, you still require help with your case, please drop us a message here.
Click on any question to see the answer appear on screen.
FAQ - COVID-19
AM I eligible for statutory sick pay?
If you are eligible for SSP in general (see FAQ - GENERAL section below), then you can receive it whether:
SSP would be paid from the first day of sickness or ill-health.
You do not need to provide medical evidence for the first seven days of sickness. Afterwards, you would normally should provide a sick note. During the coronavirus pandemic, you can get an electronic sick note from NHS 111, without having to go to the GP in person.
If you have been told to self-isolate by NHS Test & Trace, then you can also claim a self-isolation payment of £500.
- you are off-sick because you are showing symptoms of or have tested positive for Covid-19;
- you are self-isolating because someone you live with is showing symptons of or has tested positive for Covid-19;
- you are following the government advice to stay at home and cannot work as a result, even if you are not actually sick; or
- you have been told to self-isolate by NHS Test & Trace, a doctor or NHS 111.
SSP would be paid from the first day of sickness or ill-health.
You do not need to provide medical evidence for the first seven days of sickness. Afterwards, you would normally should provide a sick note. During the coronavirus pandemic, you can get an electronic sick note from NHS 111, without having to go to the GP in person.
If you have been told to self-isolate by NHS Test & Trace, then you can also claim a self-isolation payment of £500.
what happens to my job if my employer has to close BECAUSE OF THE PANDEMIC
Unfortunately, a number of firms have had to shut the doors or seen a reduction in business as a result of the pandemic and government restrictions. The government set up the Coronavirus Job Retention Scheme which allows your employer to pay you 80% of your wages and claim it back from the government, as long as you do not do any paid work for your employer (you are furloughed). The scheme was initially intended to run until June 2020, before being extended until October 2020; it has recently been extended again until September 2021
If you are on a zero hours contract and you have been previously furloughed under the scheme, then your employer can claim the highest of 80% of either of:
If you have not been furloughed previously, your employer can claim 80% of the average payable between the start of your employment or 6 April 2020 (whichever is later) and the day before you were furloughed under the extended CJRS.
If you have worked for your employer for more than two years and you have been laid off, instead of being furloughed, you could be eligible for statutory redundancy pay.
If your employer decides not to furlough you, or you need to make up the final 20% of your wages, you are allowed to work for another employer, as long as your primary contract allows it. You may also be to eligible for Universal Credit or other forms of support available through your local authority.
If you are on a zero hours contract and you have been previously furloughed under the scheme, then your employer can claim the highest of 80% of either of:
- your earnings for the same month in the previous year; or
- your average monthly earnings for the 2019-2020 tax year; or
- your average monthly earnings since you started work, if you were employed for less than 12 months.
If you have not been furloughed previously, your employer can claim 80% of the average payable between the start of your employment or 6 April 2020 (whichever is later) and the day before you were furloughed under the extended CJRS.
If you have worked for your employer for more than two years and you have been laid off, instead of being furloughed, you could be eligible for statutory redundancy pay.
If your employer decides not to furlough you, or you need to make up the final 20% of your wages, you are allowed to work for another employer, as long as your primary contract allows it. You may also be to eligible for Universal Credit or other forms of support available through your local authority.
WILL I LOSE MY JOB IF I FOLLOW THE GOVERNMENT ADVICE TO STAY AT HOME?
It is against the law for you to be sacked if you choose to stay at home for your own safety during the coronavirus pandemic.
The general government advice is that people should stay at home, but they can go to work if they cannot do so at home. Your employer has a duty of care and should make sure social distancing is practised within the workplace and provide sufficient handwashing facilities and hand gel.
You have the legal right to not be penalised for leaving the workplace, or staying at home, in case of "danger" that you "reasonably believed to be serious and imminent" and for taking appropriate protective steps in such circumstances. You cannot be fired for it - if you are, then you can take your employer to court for unfair dismissal.
Of course, if you are on a zero hours contract, the nature of your job means that you are not paid for time not working. It is not clear how much of your pay will be protected should you leave the workplace in case of danger. You should certainly discuss this with your employer. If you are a member of a trade union, you could also discuss it with them.
The general government advice is that people should stay at home, but they can go to work if they cannot do so at home. Your employer has a duty of care and should make sure social distancing is practised within the workplace and provide sufficient handwashing facilities and hand gel.
You have the legal right to not be penalised for leaving the workplace, or staying at home, in case of "danger" that you "reasonably believed to be serious and imminent" and for taking appropriate protective steps in such circumstances. You cannot be fired for it - if you are, then you can take your employer to court for unfair dismissal.
Of course, if you are on a zero hours contract, the nature of your job means that you are not paid for time not working. It is not clear how much of your pay will be protected should you leave the workplace in case of danger. You should certainly discuss this with your employer. If you are a member of a trade union, you could also discuss it with them.
DOES THE FURLOUGH SCHEME APPLY TO PUBLIC SECTOR ORGANISATIONS?
Yes. Although the government does not expect many public sector organisations to need to use it, on the basis that they will continue to receive funding for their employees. Official guidelines are to be found here. If you are on a zero hours contract and your public sector employers simply reduces your hours to zero, putting you at a significant disadvantage and in a position of hardship, please contact us so we can help fight your case.
FAQ - GENERAL
Am i on a zero hours contract?
In the United Kingdom, under section 27A of the Employment Rights Act 1996, a zero hours contract is a contract for employment or work where:
You may have the right to turn down work when offered and your employer can cancel work previously offered at short notice. In either situation, you would not typically be paid.
If your employer does not offer you work, or cancels previously offered work at short notice, they cannot prevent you from working elsewhere to make up for any financial shortfall.
If your contract has a clause that says you cannot turn down work offered or you cannot work for anyone else, you can ignore the clause, as it is unlawful.
Sometimes, an employer may not ` the term "zero hours contract" or "contract for zero hours". Other ways of referring to zero hours contracts are:
- you agree to carry out work if your employer offers work;
- your employer does not guarantee that they will offer you work.
You may have the right to turn down work when offered and your employer can cancel work previously offered at short notice. In either situation, you would not typically be paid.
If your employer does not offer you work, or cancels previously offered work at short notice, they cannot prevent you from working elsewhere to make up for any financial shortfall.
If your contract has a clause that says you cannot turn down work offered or you cannot work for anyone else, you can ignore the clause, as it is unlawful.
Sometimes, an employer may not ` the term "zero hours contract" or "contract for zero hours". Other ways of referring to zero hours contracts are:
- piece work;
- on-call work;
- bank work;
- casual work.
Am i an employee or a worker?
An employee is a type of worker, but not all workers are employees.
The question of whether you are an employee, worker or self-employed contractor, because it affects what legal rights you have.
If you are working on a zero hours contract, you will most likely be an employee unless:
Some contracts may include substitution clauses in order to show that you do not have to do the work personally. However, if in reality you are required to do the work personally, then the contract could be a "sham" contract and you would be an employee.
Just because a contract states that an organisation does not have to guarantee work and you have the right to turn down work, it does not mean that you are not an employee. If you have developed a pattern of regular work over time, there is an overarching "umbrella" contract, which means that you remain employed between assignments even when you are not actually doing any work.
If you can show you are working under an umbrella contract, then you have continuity of employment and can take advantage of certain rights, such as claiming unfair dismissal, calculation of statutory redundancy payments and receiving paternity and maternity pay.
The question of whether you are an employee, worker or self-employed contractor, because it affects what legal rights you have.
If you are working on a zero hours contract, you will most likely be an employee unless:
- you do not have to do work personally and can provide a substitute to do the work;
- the employer is a client or customer.
Some contracts may include substitution clauses in order to show that you do not have to do the work personally. However, if in reality you are required to do the work personally, then the contract could be a "sham" contract and you would be an employee.
Just because a contract states that an organisation does not have to guarantee work and you have the right to turn down work, it does not mean that you are not an employee. If you have developed a pattern of regular work over time, there is an overarching "umbrella" contract, which means that you remain employed between assignments even when you are not actually doing any work.
If you can show you are working under an umbrella contract, then you have continuity of employment and can take advantage of certain rights, such as claiming unfair dismissal, calculation of statutory redundancy payments and receiving paternity and maternity pay.
Is there a limit on the number of hours i have to work?
Under the Working Time Regulations 1998, if you are worker or employee, you have right not to work more than 48 hours in an average week and daily and weekly rest periods and rest breaks.
how much should i be paid?
The minimum hourly pay you are entitled is the National Minimum Wage (NMW), which varies according to your age. For April 2020 to March 2021, the NMW is:
Age |
April 2020 - March 2021 |
25 and over |
£8.72 |
21 to 24 |
£8.20 |
18 to 20 |
£6.45 |
Under 18 |
£4.55 |
Apprentice |
£4.15 |
From April 2021, the NMW will increase follows:
Age |
April 2021 - March 2022 |
23 and over |
£8.91 |
21 to 22 |
£8.36 |
18-20 |
£6.56 |
16-17 |
£4.62 |
Apprentices under 19 Apprentices over 19 and in first year of apprenticeship |
£4.30 |
How much holiday am i entitled to?
Most workers have a right to at least 5.6 weeks' paid annual leave.
However, if you are on a zero hours contract, it may be more difficult to calculate how much leave you are entitled to, as you may not be working normal or regular hours.
A common rule of thumb is to use 12.07% of the hours worked in a holiday year. So, for example, if you have worked 50 hours to date in the current holiday year, you are entitled to 6.035 days of paid annual leave. This is not always the most reliable method, as it only takes into account the hours actually worked. If the contract continues to exist even during periods of non-work, then you are entitled to 5.6 weeks paid leave under the Working Time Regulations 1998.
It is worth noting that if you work through a series of short-term assignments, your employer may not be keen for you to take holiday during the period of your assignment. In that case, they should pay for the accrued holiday at the end of the assignment. If your employer does allow you to take holiday during an assignment or period of work, you will have to follow their policy for booking holidays.
However, if you are on a zero hours contract, it may be more difficult to calculate how much leave you are entitled to, as you may not be working normal or regular hours.
A common rule of thumb is to use 12.07% of the hours worked in a holiday year. So, for example, if you have worked 50 hours to date in the current holiday year, you are entitled to 6.035 days of paid annual leave. This is not always the most reliable method, as it only takes into account the hours actually worked. If the contract continues to exist even during periods of non-work, then you are entitled to 5.6 weeks paid leave under the Working Time Regulations 1998.
It is worth noting that if you work through a series of short-term assignments, your employer may not be keen for you to take holiday during the period of your assignment. In that case, they should pay for the accrued holiday at the end of the assignment. If your employer does allow you to take holiday during an assignment or period of work, you will have to follow their policy for booking holidays.
How much should i Receive if I take annual leave?
If you are on a zero hours contract, you probably do not have normal working hours. From 6 April 2020, your holiday pay should be calculated based on average weekly earnings in the 52 weeks leading up to your date of holiday. (Before 6 April 2020, only the previous 12 weeks had to be taken into account.) If you did not work during that period, then it should be calculated according to the last 52 week period that you worked.
DO I LOSE ANY HOLIDAY IF I AM ON SICK LEAVE?
When you off work because of ill health, you continue to accrue your usual holiday entitlement.
Of course, it is unlikely that your employer will offer you work until you are fit enough to carry out your role. However, they cannot use this an excuse to not offer you work because you have a disability or medical condition. This is discrimination. They should consider whether you are able to work once reasonable adjustments are made.
If you take holiday during or after sick leave, the amount of holiday pay will be calculated as described above.
Of course, it is unlikely that your employer will offer you work until you are fit enough to carry out your role. However, they cannot use this an excuse to not offer you work because you have a disability or medical condition. This is discrimination. They should consider whether you are able to work once reasonable adjustments are made.
If you take holiday during or after sick leave, the amount of holiday pay will be calculated as described above.
am i entitled to statutory sick pay?
You are entitled to statutory sick pay (SSP) if you work under a contract of employment and meet the following conditions:
SSP is currently set at £95.85 per week but it is due to go up to £96.35 per week from 6 April 2021.
SSP is paid from the fourth day of sickness or ill-health. For the purposes of SSP, you are an employee if Class 1 National Insurance are deducted from your gross pay.
SSP is only paid for "qualifying days". What constitutes a qualifying day is usually agreed beforehand. Where it has not been previously agreed, a qualifying day is one of the following:
You do not need to provide medical evidence for the first seven days of sickness. Afterwards, you should provide a sick note from your GP.
If you are on a zero hours contract and the number of hours you work varies, with no work in some weeks, there is no agreement between you and the employer as to what constitutes a qualifying day. In this case, every day is regarded as a qualifying day.
- you have been off-sick for at least four days, including non-working days;
- you earn an average of £120 a week before tax;
- you have told your employer that you are ill within seven days or within any deadline set by them.
SSP is currently set at £95.85 per week but it is due to go up to £96.35 per week from 6 April 2021.
SSP is paid from the fourth day of sickness or ill-health. For the purposes of SSP, you are an employee if Class 1 National Insurance are deducted from your gross pay.
SSP is only paid for "qualifying days". What constitutes a qualifying day is usually agreed beforehand. Where it has not been previously agreed, a qualifying day is one of the following:
- any day or days where it was agreed that you should work if not ill;
- Wednesday, if it was not agreed that there was any day you should not work;
- every day except those days where no-one worked (for example, public holidays).
You do not need to provide medical evidence for the first seven days of sickness. Afterwards, you should provide a sick note from your GP.
If you are on a zero hours contract and the number of hours you work varies, with no work in some weeks, there is no agreement between you and the employer as to what constitutes a qualifying day. In this case, every day is regarded as a qualifying day.
should i have written evidence of my zero hours contract
Your employer has to provide you with itemised payslips. If you are paid on an hourly basis, the payslip should also show the number of hours for which you have been paid.
Your employer must also provide written statement of terms (your contract) on or before the first day of work. There is some leeway but they should definitely provide it within the first two months of work.
Your employer must also provide written statement of terms (your contract) on or before the first day of work. There is some leeway but they should definitely provide it within the first two months of work.
WHAT HAPPENS TO MY JOB IF MY EMPLOYER IS TAKEN OVER?
If your employer is taken over by another organisation, you will naturally worry whether you still have a job. Fortunately, if you are not made redundant or your employer is insolvent, then your job should be transferred to the new business owner, with the same employment terms and conditions. It should not disrupt any continuity of employment.
Your job is protected under the Transfer of Undertakings (Protection of Employment) Regulations if you are an employee. But an employee in these circumstances is anyone who works for someone else, either under a contract of service or apprenticeship or otherwise. It should therefore apply to zero hours contracts. It does not apply to those who provide services under a contract for services, such as a self-employed contractor or some agency workers.
Your job is protected under the Transfer of Undertakings (Protection of Employment) Regulations if you are an employee. But an employee in these circumstances is anyone who works for someone else, either under a contract of service or apprenticeship or otherwise. It should therefore apply to zero hours contracts. It does not apply to those who provide services under a contract for services, such as a self-employed contractor or some agency workers.
WILL I LOSE MY JOB IF I DON'T GO TO WORK BECAUSE I FEEL IT'S TOO DANGEROUS?
Your employer has a legal responsibility to make sure that the workplace is safe. You do have the legal right to not be penalised for leaving the workplace, or staying at home, in case of "danger" that you "reasonably believed to be serious and imminent" and for taking appropriate protective steps in such circumstances. You cannot be fired for it - if you are, then you can take your employer to court for unfair dismissal.
Of course, if you are on a zero hours contract, the nature of your job means that you are not paid for time not working. It is not clear how much of your pay will be protected should you leave the workplace in case of danger. You should certainly discuss this with your employer. If you are a member of a trade union, you could also discuss it with them.
Of course, if you are on a zero hours contract, the nature of your job means that you are not paid for time not working. It is not clear how much of your pay will be protected should you leave the workplace in case of danger. You should certainly discuss this with your employer. If you are a member of a trade union, you could also discuss it with them.
