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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 or call our helpline.
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 or call our helpline.
Click on any question to see the answer appear on screen.
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.
You can opt out of the Working Time Regulations, so that you can work more than 48 hours in a week. However, your employer cannot force you to opt out and cannot penalise you if you choose not to opt out.
If you have previously opted out, you can opt back into the Working Time Regulations by giving seven days' written notice to your employer.
You can opt out of the Working Time Regulations, so that you can work more than 48 hours in a week. However, your employer cannot force you to opt out and cannot penalise you if you choose not to opt out.
If you have previously opted out, you can opt back into the Working Time Regulations by giving seven days' written notice to your employer.
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?
If you are a zero hours worker, you should first check your contract to see whether you are eligible for your employer's sick pay scheme. An occupational sick pay scheme cannot pay less than Statutory Sick Pay (SSP).
To qualify for SSP you must:
SSP is currently set at £96.35 per week.
SSP is usually payable from day 4 of your absence from work. However, if you are off-sick because of Covid-19, then SSP is payable from Day 1 of your absence. You can be off-sick because of Covid-19 if:
The level of SSP may not be enough to make up for any pay lost due to being off work. If this is the case, you can also apply for Universal Credit
You will not qualify if you:
If you are unable to claim SSP and you are below the State Pension age, you may be able to claim Employment and Support Allowance.
To qualify for SSP you must:
- be classed as an employee and have done some work for your employer.
- earn an average of at least £120 per week.
SSP is currently set at £96.35 per week.
SSP is usually payable from day 4 of your absence from work. However, if you are off-sick because of Covid-19, then SSP is payable from Day 1 of your absence. You can be off-sick because of Covid-19 if:
- You have tested positive for Covid-19;
- You have Covid-19 symptoms (fever, new continuous cough or a loss of or change in your sense of smell or tase;
- If you have to self-isolate because someone in your household has been tested positive for Covid-19 or has symptoms;
- You've been told to shield by the NHS because of an underlying health condition;
- You've been told to self-isolate by a doctor, NHS 111 or NHS Test and Trace.
The level of SSP may not be enough to make up for any pay lost due to being off work. If this is the case, you can also apply for Universal Credit
You will not qualify if you:
- have received the maximum amount of Statutory Sick Pay (28 weeks).
- are receiving Statutory Maternity Pay.
- are self-isolating because you've returned from holiday
If you are unable to claim SSP and you are below the State Pension age, you may be able to claim Employment and Support Allowance.
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 duty of care towards your safety in the workplace. You do have a legal right not to be penalised for leaving the workplace in case of "danger" that you "reasonably believed to be serious and imminent" and for taking appropriate protective steps in such circumstances. It is also automatically unfair to dismiss an employee for this.
The existing law give workers the right not to be subjected to a detriment for leaving the workplace in case of ‘danger’ which the worker ‘reasonably believed to be serious and imminent’ and for taking appropriate protective steps in such circumstances. It is also automatically unfair to dismiss an employee for such reasons. But if you are on a zero hours contract, it is not clear how much protection you have, as the nature of your contract is that you are only paid when you work.
You should certainly discuss your concerns with your employer. If you decide to stay out of the workplace for the sake of safety, a good employer should support you. However, if you are penalised, you may have to take your employer to court - in the current climate, this may take some time and any financial relief may come too late.
Making workplaces COVID-secure
Your employer has a legal duty of care towards your safety. The government has provided guidance for employers to follow in order to reduce the risk of catching Covid-19. Whilst it can be quite detailed and varies depending on the sector and type of workplace, the minimum your employer should be doing is:
If it is not possible to socially distance at two metres, then the employer should mitigate for the increased risk, such as using screens or barriers to separate people, make sure people are working back to back or side to side instead of face to face, stagger arrival and departure times or reduce the number of people you come into contact with.
The existing law give workers the right not to be subjected to a detriment for leaving the workplace in case of ‘danger’ which the worker ‘reasonably believed to be serious and imminent’ and for taking appropriate protective steps in such circumstances. It is also automatically unfair to dismiss an employee for such reasons. But if you are on a zero hours contract, it is not clear how much protection you have, as the nature of your contract is that you are only paid when you work.
You should certainly discuss your concerns with your employer. If you decide to stay out of the workplace for the sake of safety, a good employer should support you. However, if you are penalised, you may have to take your employer to court - in the current climate, this may take some time and any financial relief may come too late.
Making workplaces COVID-secure
Your employer has a legal duty of care towards your safety. The government has provided guidance for employers to follow in order to reduce the risk of catching Covid-19. Whilst it can be quite detailed and varies depending on the sector and type of workplace, the minimum your employer should be doing is:
- Carry out a risk assessment and make the results available to you;
- Place hand sanitisers throughout the workplace, not just in the washrooms;
- Clean and disinfect busy areas and objects and surfaces that are regularly touched;
- Make it easier for people to socially distance at two metres, such as signs, markings on the floor, one-way traffic flow and seeing visitors by appointment if possible.
If it is not possible to socially distance at two metres, then the employer should mitigate for the increased risk, such as using screens or barriers to separate people, make sure people are working back to back or side to side instead of face to face, stagger arrival and departure times or reduce the number of people you come into contact with.
i was furloughed but i do not think I received the correct furlough pay?
You are furloughed if your employer tells you that you are being kept on the payroll but will not be undertaking work for them. Between March 2020 and September 2021, your employer had the option to claim furlough pay from the government's Coronavirus Job Retention Scheme (CJRS) and the main condition was that you should receive 80% of your usual pay and they should pay any National Insurance and pension contributions.
If the employer did not claim from the CJRS, it is up to the employer to decide whether to furlough staff and how much to pay. If you are on a permanent or fixed term contract, then your right to furlough pay should be protected by your contract. However, if you are on a zero hours contract, there is not necessarily any contractual right to furlough pay and it would be matter of a discussion between you and your employer.
If your employer did claim from the CJRS, then your furlough pay should have been calculated as below:
If the employer did not claim from the CJRS, it is up to the employer to decide whether to furlough staff and how much to pay. If you are on a permanent or fixed term contract, then your right to furlough pay should be protected by your contract. However, if you are on a zero hours contract, there is not necessarily any contractual right to furlough pay and it would be matter of a discussion between you and your employer.
If your employer did claim from the CJRS, then your furlough pay should have been calculated as below:
Furloughed before November 2020 |
Furloughed after November 2020 |
The highest of 80% of either:
|
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 were paid furlough pay but feel it was not calculated correctly, whether your employer claimed from the CJRS or not, then you should immediate raise the matter with your employer. If you are unable to resolve the matter with your employer, you may be able to submit a claim to the employment tribunal for unlawful deduction of wages. The claim needs to be submitted within three months, less one day, of the incorrect payment being made.
CAN I BE MADE REDUNDANT?
There a number of ways for selecting staff for redundancy, but the following are particularly relevant to zero hours contract workers.
By length of service
Some employers may look at how long you have worked with them. Those who have worked the shortest will be made redundant first. Even if you have been working for your employer on a zero hours contract for more than two years, periods of non-work may count as breaks in continuous employment.
By staff appraisal markings
The nature of zero hours contracts means that you may not have had any or very few appraisals.
Everyone you work with is being made redundant
The employer is closing down a whole unit, operation, branch, etc.
How ever you are selected for redundancy, you are entitled to speak to your employer about why you are being made redundant and whether there are alternatives to redundancy (such as reduced hours, a pay cut, an alternative role, etc.)
By length of service
Some employers may look at how long you have worked with them. Those who have worked the shortest will be made redundant first. Even if you have been working for your employer on a zero hours contract for more than two years, periods of non-work may count as breaks in continuous employment.
By staff appraisal markings
The nature of zero hours contracts means that you may not have had any or very few appraisals.
Everyone you work with is being made redundant
The employer is closing down a whole unit, operation, branch, etc.
How ever you are selected for redundancy, you are entitled to speak to your employer about why you are being made redundant and whether there are alternatives to redundancy (such as reduced hours, a pay cut, an alternative role, etc.)
WHAT AM I ENTITLED TO IF I AM MADE REDUNDANT?
You are entitled to statutory redundancy pay if you are an employee and have been employed for at least two years. Statutory redundancy pay is calculated as follows:
If you are on a zero hours contract, it may be more difficult to show you have at two years' of continuous service if you have had periods where you didn't work or if your contract or agreement specifically mentions that there is no continuity of employment. If you can show that you have had a regular pattern of working, such as the similiar number of hours each week, then this would a first stop towards establishing a right to redundancy pay.
- half a week's pay for each full year you were under 22;
- one week's pay for each full year you were between 22 and 41;
- one and a half week's pay for each full year you were over 41.
If you are on a zero hours contract, it may be more difficult to show you have at two years' of continuous service if you have had periods where you didn't work or if your contract or agreement specifically mentions that there is no continuity of employment. If you can show that you have had a regular pattern of working, such as the similiar number of hours each week, then this would a first stop towards establishing a right to redundancy pay.
I HAVE NOT BEEN OFFERED WORK FOR SOME TIME. CAN I ASK TO BE MADE REDUNDANT?
Even if you are not made redundant, you can still claim statutory redundancy pay, assuming you are eligible, if you have been temporarily laid off without pay for more than four weeks in a row or more than six, non-consecutive weeks in a 13-week period. However, you must write to your employer of your intention within four weeks of the last non-working day in the four or six week period.
If your employer should respond within seven day. If they accept your claim, then you have three weeks from the seventh day after you submitted your claim to hand in your notice. You should be paid your redundancy pay upon leaving at the end of your notice period. If your employer did not respond to your original claim, you can assume that they have accepted your claim and act accordingly.
Your redundancy paid should calculated as explained in the previous question.
If your employer rejects your original claim, they should give you written counter-notice. This means that they expect work to become available within four weeks and last for at least 13 weeks.
If your employer should respond within seven day. If they accept your claim, then you have three weeks from the seventh day after you submitted your claim to hand in your notice. You should be paid your redundancy pay upon leaving at the end of your notice period. If your employer did not respond to your original claim, you can assume that they have accepted your claim and act accordingly.
Your redundancy paid should calculated as explained in the previous question.
If your employer rejects your original claim, they should give you written counter-notice. This means that they expect work to become available within four weeks and last for at least 13 weeks.
