Zero-hours contracts have become an established feature of the UK labour market, particularly in hospitality, social care, retail, logistics, healthcare, entertainment and other sectors where staffing requirements fluctuate. They can offer flexibility to individuals who want to choose when they work and to businesses that experience unpredictable demand. However, they can also create uncertainty about income, working hours, job security and employment rights.
The legal position is frequently misunderstood. A zero-hours contract does not mean that an individual has no employment rights, and an employer cannot avoid statutory obligations simply by describing someone as a casual worker, temporary worker or self-employed contractor.
The principal legislation governing zero-hours arrangements includes the Employment Rights Act 1996, the Working Time Regulations 1998, the National Minimum Wage Act 1998, the Equality Act 2010 and the relevant provisions of the Employment Rights Act 2025. Other legislation may apply depending on the individual’s employment status and circumstances.
The most significant recent development is the Employment Rights Act 2025, which establishes a framework for guaranteed-hours offers, reasonable notice of shifts and compensation for certain shifts cancelled, moved or curtailed at short notice. These reforms are intended to reduce one-sided flexibility while preserving the option of flexible work for individuals who want it.
As at 21 October 2026, the principal new guaranteed-hours and shift-related rights have not yet commenced. The government’s current timetable anticipates implementation during 2027, subject to further regulations and commencement arrangements.
This guide explains the law as it currently applies, the rights of employees and workers, the responsibilities of employers, and the changes businesses and individuals should prepare for.
Legal disclaimer: This article is for general information and educational purposes. It is not legal advice and does not create a solicitor-client relationship. Employment rights depend on the facts, the applicable legislation and the law in force at the relevant time. Professional advice should be obtained before taking action in a specific dispute.
1. What Is a Zero-Hours Contract?
A zero-hours contract is generally an arrangement under which an employer does not guarantee a minimum amount of work and the individual is not obliged to accept work offered to them.
The precise legal position depends on the terms of the contract and the reality of the working relationship. The label used by the parties is relevant but not conclusive.
For example, a restaurant may engage a casual waiter for shifts when bookings increase. The restaurant may not promise any minimum weekly hours, and the waiter may be free to decline individual shifts. This is a typical zero-hours arrangement.
By contrast, if a care provider requires a worker to remain available every weekday, penalises them for declining shifts and regularly expects them to work fixed hours, the actual relationship may differ materially from the written description.
Key characteristics of zero-hours contracts
A typical arrangement may include:
- No guaranteed minimum number of working hours.
- Work offered according to business requirements.
- The individual deciding whether to accept offered work, subject to the actual contract.
- Variable weekly earnings.
- An ongoing relationship, or a series of separate engagements, depending on the agreement.
- Statutory employment rights where the individual meets the relevant legal definition.
There is no general rule that all zero-hours contracts are unlawful. Their legality and practical fairness depend on the arrangement, the rights involved and how the contract operates.
The author, Alpha Jalloh, is a lawyer, journalist and media consultant. He is a solicitor practising in England and Wales. You can contact him via email at info@alphausjalloh.com.
2. The Difference Between an Employee, a Worker and a Self-Employed Contractor
One of the most important questions in zero-hours contract employment law is whether the individual is legally an employee, a worker or genuinely self-employed.
Employment status determines which statutory rights apply. Two people working similar shifts under arrangements both described as zero-hours contracts may have different rights because their legal status differs.
Employees
An employee ordinarily works under a contract of employment. In addition to basic worker rights, employees may qualify for statutory notice, redundancy pay, protection against unfair dismissal, family-related leave and other employment protections, subject to the applicable eligibility requirements.
An employee can work under a zero-hours contract. The absence of guaranteed hours does not automatically prevent employee status.
Workers
The broader statutory category of worker generally includes individuals who undertake to perform work or services personally for another party that is not genuinely their client or customer in a business carried on by the individual.
Workers usually have rights to:
- The National Minimum Wage or National Living Wage, as applicable.
- Paid statutory annual leave.
- Statutory rest breaks and rest periods.
- Protection from unlawful discrimination in the relevant circumstances.
- Payslips and other applicable statutory protections.
- Protection against unlawful deductions from wages.
- Protection from certain detriments for asserting statutory rights.
However, workers do not ordinarily have the full range of employee rights, including the general right to claim ordinary unfair dismissal or statutory redundancy pay.
Self-employed contractors
A genuinely self-employed individual operates a business on their own account and may provide services to multiple clients. Depending on the arrangement, they may not qualify for employment rights available to employees or workers.
Calling someone self-employed does not make them self-employed in law. Courts and tribunals consider the reality of the arrangement, including personal service, control, substitution rights, financial risk and the extent to which the individual operates an independent business.
Why employment status matters
Consider a delivery driver who is described as an independent contractor but must personally perform the work, follow detailed instructions, use an assigned schedule and has little opportunity to operate an independent business.
Those circumstances may justify closer examination of their legal status. The outcome will depend on the full facts rather than any single factor.
Employers should therefore assess employment status when engaging staff and review arrangements where working practices have changed.
3. What Employment Rights Do Zero-Hours Workers Have?
Zero-hours workers are entitled to statutory protections that apply to their legal status. The lack of guaranteed work does not remove those protections.
National Minimum Wage and National Living Wage
Employers must pay the applicable statutory minimum wage for working time that qualifies for minimum-wage purposes. A zero-hours contract is not an exemption.
The relevant rate depends on factors such as age, whether the worker is an eligible apprentice and the date on which the work is performed.
Employers should also consider working time that must legally be treated as working time for minimum-wage purposes, including certain required training, opening and closing duties, and other work-related activities.
For example, an employer cannot ordinarily require a worker to complete mandatory unpaid duties before or after a shift if doing so results in a minimum-wage breach.
Employers should check the official rates applicable to the relevant pay period and retain accurate time and payroll records.
Holiday entitlement and holiday pay
Statutory annual leave is an important right for eligible workers on zero-hours contracts.
For most workers, statutory entitlement is 5.6 weeks of paid annual leave each leave year, subject to the applicable statutory rules and maximum entitlement.
Where working hours vary, holiday entitlement and pay require careful calculation. Employers must not assume that workers receive no holiday simply because their hours fluctuate or because their contract describes them as casual.
For eligible irregular-hours and part-year workers, special rules introduced for leave years beginning on or after 1 April 2024 permit holiday entitlement to accrue at 12.07% of hours worked in the relevant circumstances. Rolled-up holiday pay may also be used for eligible workers under the applicable rules, provided it is calculated and administered lawfully.
These provisions are not a universal calculation method for every zero-hours worker. The correct approach depends on the individual’s working pattern, contractual arrangements, leave year and the applicable statutory provisions.
Employers should ensure that holiday pay reflects the correct statutory calculation, including relevant elements of normal remuneration where required. Workers should check payslips and holiday records if they believe accrued leave or holiday pay has been omitted.
Rest breaks and working time
Zero-hours workers are subject to the Working Time Regulations 1998 where applicable.
Rights may include:
- A 20-minute uninterrupted rest break when working more than six hours, subject to the statutory rules.
- Daily rest of 11 consecutive hours between working days, subject to exceptions.
- Weekly rest of 24 hours in each seven-day period or 48 hours in each 14-day period, subject to the applicable provisions.
- The general average 48-hour maximum working week, unless a valid opt-out or applicable exception applies.
Employers must consider the actual pattern of work across shifts, including where workers undertake additional employment. An individual working for multiple employers may need to consider the combined effect of working hours on health, safety and rest.
Protection against discrimination
The Equality Act 2010 protects individuals from unlawful discrimination, harassment and victimisation in employment and other relevant work relationships.
Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
An employer must not unlawfully allocate shifts, withdraw work, deny opportunities or treat a worker unfavourably because of a protected characteristic.
For example, systematically reducing a worker’s shifts because they are pregnant, or because they have raised a disability-related adjustment request, may give rise to legal issues depending on the facts.
Zero-hours status does not remove the obligation to comply with equality law.
Payslips and written particulars
Workers and employees are generally entitled to itemised payslips under the applicable statutory rules. Eligible employees and workers are also entitled to written statements of employment particulars.
The statement should provide relevant information about the relationship, including pay, working arrangements, and other prescribed terms. Where hours are variable, the documentation should accurately explain the arrangement rather than misleadingly promising fixed hours that are not actually guaranteed.
A written statement is not necessarily the entire contract. Contractual terms may also arise through offer letters, other documents, oral agreements and the parties’ conduct.
4. Can an Employer Refuse to Offer Work Under a Zero-Hours Contract?
Under a genuine zero-hours arrangement, the employer will generally not be contractually required to offer a minimum number of hours. However, that does not give the employer unlimited discretion to act unlawfully.
The answer depends on the contract, employment status, established working practices and the reason for withholding work.
Potential legal issues may arise where:
- The contract actually guarantees minimum hours.
- The employer is withholding work in breach of an express or implied contractual obligation.
- The reduction in work is discriminatory.
- The individual is penalised for asserting a statutory right.
- The employer is retaliating against a protected disclosure or another legally protected act.
- The reduction in hours forms part of a dismissal or redundancy situation affecting an employee.
Can an employer stop giving shifts without dismissing the worker?
Sometimes, yes. If a genuine zero-hours contract contains no minimum-hours commitment, an employer may have no obligation to offer further shifts on a particular week.
However, the position is more complicated if the relationship is an ongoing contract of employment, the individual has been promised regular work, or the decision is connected to an unlawful reason.
A distinction must be drawn between the absence of work under a continuing arrangement and the termination of the employment relationship itself.
For employees, the employer must consider applicable contractual notice, statutory notice and dismissal protections. For workers, contractual terms may still require notice, even though statutory employee notice rights do not generally apply in the same way.
5. Can a Worker Refuse a Shift?
The usual understanding of a genuine zero-hours contract is that the individual is not obliged to accept work offered and the employer is not obliged to offer it.
However, the contract and the actual working relationship must be examined carefully.
An individual may have accepted a shift in advance, agreed to a particular rota or undertaken contractual obligations that affect their ability to withdraw from that shift. Cancelling an accepted shift without complying with applicable contractual terms could have consequences.
Equally, an employer should not assume that every refusal is misconduct or a breach of contract.
Workers should check whether the contract contains provisions about accepting shifts, cancelling accepted shifts, availability and notice. Employers should ensure these provisions are clear, proportionate and consistent with statutory rights.
The forthcoming shift-notice reforms will add a statutory framework to certain zero-hours and similar arrangements, but the precise operation of the new rules depends on their commencement and implementing regulations.
6. Exclusivity Clauses: Can Zero-Hours Workers Work for Another Employer?
An exclusivity clause attempts to restrict an individual from working for another employer or undertaking other work.
Current law restricts the use of exclusivity provisions in zero-hours contracts. In general, an employer cannot use such a clause to prevent a zero-hours worker from working for another employer, nor lawfully penalise or dismiss the worker merely for doing so in circumstances protected by the legislation.
The relevant framework is contained in the Employment Rights Act 1996, as amended.
The position can also depend on the category of arrangement and applicable regulations. Employers should not assume that a contractual prohibition on secondary work is enforceable merely because the individual signed the agreement.
Practical example
A hospitality worker accepts shifts at two restaurants because neither guarantees regular hours. If one restaurant attempts to prohibit the individual from working for the other simply because of the zero-hours arrangement, the restriction may be unenforceable under the statutory protections.
This does not mean that workers have an unrestricted right to disregard all contractual obligations. Confidentiality, legitimate conflicts of interest, health and safety, and other lawful obligations may still require consideration.
The Employment Rights Act 2025 extends the legislative framework dealing with exclusivity terms in zero-hours arrangements. Employers should review their contractual wording and monitor the commencement and scope of any relevant implementing provisions.
7. Can a Zero-Hours Worker Claim Unfair Dismissal?
The answer depends principally on employment status, the nature of the termination and the statutory rules applicable at the relevant time.
Employees
An individual who qualifies as an employee may have a right to claim unfair dismissal if the employer terminates the employment relationship and the statutory conditions are satisfied.
As at 21 October 2026, the ordinary qualifying period for most unfair dismissal claims remains two years’ continuous employment. The Employment Rights Act 2025 provides for a reduction to six months for dismissals from 1 January 2027, according to the government’s published timetable.
Some dismissals are automatically unfair, or subject to different eligibility rules, and do not depend on satisfying the ordinary qualifying period in the same way.
The question of continuity is particularly important for zero-hours workers. A fluctuating pattern of work does not automatically establish that employment has ended between every shift. Equally, a series of separate engagements may affect continuity depending on the legal and factual circumstances.
Workers who are not employees
A worker who is not legally an employee will not ordinarily have a claim for ordinary unfair dismissal. However, they may have other claims, including for discrimination, unlawful deductions, breach of contract where applicable, or detriment for asserting a statutory right.
An employer should not assume that ending a worker’s shifts is legally risk-free simply because the person is labelled a casual worker.
Automatically unfair dismissal and protected rights
Particular care is required where the decision to end employment is connected to protected conduct, such as asserting certain statutory rights, whistleblowing or other legally protected activities.
The precise protection and available remedy depend on the right relied upon and the facts.
The author, Alpha Jalloh, is a lawyer, journalist and media consultant. He is a solicitor practising in England and Wales. You can contact him via email at info@alphausjalloh.com.
8. Redundancy Pay and Notice Rights for Zero-Hours Employees
A zero-hours employee may qualify for statutory redundancy pay if the legal requirements are met, including the applicable continuity and service conditions.
A worker who is not an employee does not ordinarily qualify for statutory redundancy pay.
The absence of guaranteed weekly hours can complicate the calculation of redundancy payments and other sums due on termination. The appropriate statutory calculation rules must be applied to the circumstances, rather than assuming that a worker’s entitlement is nil because their contract is described as zero-hours.
Employees may also have statutory minimum notice rights, depending on their length of service. Contractual notice may provide more generous rights.
Workers who are not employees do not generally receive the same statutory minimum notice entitlement, although their contracts may require notice.
On termination, employers should review outstanding wages, accrued holiday pay, applicable notice pay, redundancy entitlements and any other contractual or statutory sums due.
9. Can Zero-Hours Workers Receive Statutory Sick Pay?
Eligibility for Statutory Sick Pay depends on the applicable statutory rules, not simply on whether the individual has guaranteed hours.
A zero-hours worker may have variable earnings and working patterns, so the employer must assess the relevant eligibility conditions and records.
An important recent change took effect on 6 April 2026. The Employment Rights Act 2025 reforms removed the Lower Earnings Limit and the waiting period for Statutory Sick Pay, broadening access to SSP under the new rules.
Employers should therefore avoid relying on outdated guidance that assumes a minimum earnings threshold or the former waiting-day arrangements still apply.
The exact amount and duration of SSP entitlement should be checked against the rules in force for the relevant period, including any applicable rate changes and qualifying conditions.
10. What Does the Employment Rights Act 2025 Change for Zero-Hours Contracts?
The Employment Rights Act 2025 is the major legislative development in this area. It introduces a framework intended to improve predictability and reduce the risk that workers bear all the uncertainty associated with variable demand.
The new framework covers qualifying directly engaged workers and provides corresponding provisions for agency workers and hirers. The detailed scope depends on the statutory definitions and regulations.
Crucially, enactment does not mean that every new right is already enforceable. The government confirmed in its 2026 guidance that the principal zero-hours reforms have not yet come into force.
10.1 The right to guaranteed hours
The legislation creates a duty to offer guaranteed hours to qualifying workers after relevant reference periods.
The broad principle is that where a worker regularly works a certain number of hours over a reference period, the employer will have to offer a contract reflecting qualifying hours, subject to the statutory conditions and exceptions.
The legislation also provides for the offer to be rejected. The reforms are not intended to require every worker to accept guaranteed hours if they prefer to retain a flexible arrangement.
The precise reference period, qualifying conditions, treatment of breaks and other details depend on implementing regulations.
The government consulted in 2026 on the design of the reforms and expressed a preference for a 12-week initial reference period. That preference should not be treated as a final, universally applicable statutory rule unless and until confirmed in the applicable legislation.
10.2 Reasonable notice of shifts
The new framework creates rights to reasonable notice of shifts for specified categories of workers, including qualifying individuals on zero-hours and similar arrangements.
The notice is intended to provide meaningful information about when a shift begins and ends and how many hours are to be worked.
The legislation allows regulations to establish a period that is presumed to be reasonable notice, subject to the statutory framework.
This is particularly significant for individuals who currently receive very little warning of shifts, making childcare, transport, study and other commitments difficult to organise.
10.3 Compensation for shifts cancelled, moved or curtailed at short notice
The Act also creates a framework for payment where qualifying shifts are cancelled, moved or curtailed at short notice.
The precise payment rules, notice thresholds, eligibility conditions and exceptions are to be determined through the statutory framework and implementing regulations.
This should not be confused with an assertion that every cancelled shift already attracts a statutory compensation payment under the new regime. Until the relevant provisions take effect, the existing contract and any other applicable legal rights remain central.
10.4 Agency workers
The reforms also address qualifying agency workers. The legislation provides for duties relating to guaranteed hours, shift notice and short-notice changes in arrangements involving agency workers and hirers.
Businesses that use agency staff should therefore consider not only their direct workforce but also how work is allocated through employment agencies and labour suppliers.
The statutory allocation of responsibilities depends on the particular provision and arrangement. Businesses should not assume that all obligations fall on the same party in every agency relationship.
10.5 What is the implementation date?
The government’s timetable updated in September 2026 states that the guaranteed-hours and shift-related measures are expected to be introduced during 2027, with timings to be updated following consultation and further policy development.
Employers and workers should monitor official guidance and the final regulations. A policy announcement, consultation proposal or enacted provision that has not commenced must be distinguished from a right that can currently be enforced.
11. How the New Guaranteed-Hours Rules May Affect Employers
The reforms will require many businesses to review how they organise work, particularly where staff routinely work more hours than their written contracts guarantee.
Employers should start by reviewing the relationship between contractual hours and actual working patterns.
Review existing contracts
Identify which arrangements are genuinely zero-hours contracts and which provide some minimum work but leave the timing or volume uncertain.
Consider whether the written agreement accurately reflects the reality of the relationship.
Analyse working-hour records
Businesses should retain reliable records of hours worked, shifts offered, shifts accepted and declined, cancellations and periods of absence.
Accurate records will be important when determining whether a worker meets the statutory conditions for a guaranteed-hours offer.
Review shift-management systems
Employers should assess whether their scheduling systems can provide and record appropriate notice of shifts, changes and cancellations.
Where a business frequently changes rotas at short notice, it should assess the operational and financial impact of the new framework.
Budget for increased certainty
Businesses may need to adjust staffing budgets where regular work currently exceeds contracted minimum hours or where short-notice changes are frequent.
This does not mean that every business must abandon flexible staffing. The reforms are designed to distinguish between genuine flexibility and arrangements that place disproportionate uncertainty on workers.
Train managers
Line managers should understand that zero-hours arrangements are not a licence to discriminate, penalise workers for exercising statutory rights or disregard contractual commitments.
Training should cover shift allocation, refusals, cancellations, sickness, leave, record-keeping and escalation of employment-law concerns.
The author, Alpha Jalloh, is a lawyer, journalist and media consultant. He is a solicitor practising in England and Wales. You can contact him via email at info@alphausjalloh.com.
12. Best Practices for Employers Using Zero-Hours Contracts
A well-drafted and properly administered zero-hours arrangement can provide genuine flexibility while reducing legal risk.
Employers should consider the following practical measures.
First, use zero-hours contracts for an appropriate business reason. They may suit genuinely variable demand, seasonal work, occasional cover or roles where both parties value flexibility. They may be less suitable where the organisation requires regular, predictable work indefinitely.
Second, explain the arrangement clearly. Recruitment materials and contractual documents should make clear whether hours are guaranteed, whether shifts can be declined and how work is allocated.
Third, comply with minimum-wage and holiday-pay rules. Payroll systems should accurately record working time and calculate statutory entitlements.
Fourth, establish a fair shift-allocation policy. Managers should not allocate or withhold work for discriminatory reasons or in retaliation for protected conduct.
Fifth, create a clear cancellation policy. Even before the new statutory shift-payment regime commences, clear contractual terms and reasonable communication can reduce disputes.
Sixth, monitor the actual working relationship. Where a worker consistently performs regular hours over a long period, the employer should review whether the contract remains appropriate and prepare for the forthcoming guaranteed-hours framework.
Finally, keep the position under review. Employment legislation, commencement regulations and official guidance may change. Contractual documentation should be updated where necessary to reflect the law in force.
13. Practical Advice for Workers on Zero-Hours Contracts
Workers should not assume that a lack of guaranteed hours means that they have no legal protection.
Useful steps include:
- Keep copies of the contract, written statement, rotas, payslips and messages concerning shifts.
- Maintain a record of hours actually worked and any holiday requested or taken.
- Check whether minimum-wage, holiday-pay and rest-break requirements have been met.
- Review any exclusivity provision if the employer seeks to prevent other work.
- Keep records if shifts are withdrawn after a complaint, protected disclosure or request connected to a protected characteristic.
- Ask the employer to explain the contractual basis for a disputed decision.
- Obtain advice promptly where a dispute may involve dismissal, discrimination, unpaid wages or another statutory claim.
A worker who regularly works a predictable pattern may also wish to retain records that could become relevant under the new guaranteed-hours regime when it comes into force.
However, workers should not assume that a future statutory entitlement is already enforceable. The commencement date and final eligibility conditions must be checked.
14. Common Legal Misconceptions About Zero-Hours Contracts
Myth 1: Zero-hours workers have no employment rights
Incorrect. Employees and workers retain the statutory rights applicable to their status, including relevant wage, holiday, working-time and discrimination protections.
Myth 2: An employer can withhold shifts for any reason
Incorrect. Contractual obligations, discrimination law and statutory protections may restrict the employer’s actions.
Myth 3: All zero-hours workers are self-employed
Incorrect. An individual may be an employee, a worker or genuinely self-employed. The reality of the relationship determines the legal status.
Myth 4: Zero-hours workers cannot claim holiday pay
Incorrect. Eligible workers generally accrue statutory paid annual leave, with calculation rules depending on the circumstances.
Myth 5: Every zero-hours worker will automatically receive a fixed-hours contract in 2026
Incorrect. The Employment Rights Act 2025 establishes a future guaranteed-hours framework, but the relevant provisions have not yet commenced as at 21 October 2026. Qualifying conditions and implementing regulations will matter.
Myth 6: A cancelled shift automatically attracts compensation under the new law today
Incorrect. The statutory short-notice payment regime has been enacted but is not yet in force. Existing contractual rights and other applicable law must be assessed separately.
Myth 7: An employer can always avoid employee status by calling someone a casual worker
Incorrect. Employment tribunals examine the actual contractual relationship and working practices.
15. What Should You Do If There Is a Dispute About a Zero-Hours Contract?
The appropriate course of action depends on the nature of the dispute.
For unpaid wages or holiday pay, a worker should review payslips and time records and raise the issue with the employer. If it cannot be resolved, advice may be available from Acas, a trade union, an employment solicitor or another appropriate adviser.
For discrimination or retaliation, the worker should preserve evidence of the treatment and any connection to a protected characteristic or protected activity.
For disputes about employment status, the worker should gather the written contract and evidence of how the relationship actually operates.
For dismissal or termination, an employee should identify the effective termination date, contractual notice provisions, continuity of employment and the potential basis for a claim.
Employment tribunal time limits are strict. As at 21 October 2026, the government’s published timetable records that the general employment tribunal time limit increased from three to six months on 1 October 2026. The applicable deadline and any exceptions must be checked for the particular claim. Early conciliation through Acas may also affect the calculation of time limits.
Anyone considering a claim should obtain advice promptly rather than relying on the assumption that negotiations with an employer will suspend the deadline.
16. Frequently Asked Questions: Zero-Hours Contract Employment Law
Are zero-hours contracts legal in England and Wales?
Yes. Zero-hours contracts are not generally prohibited, but employers must comply with employment legislation, contractual obligations and applicable statutory protections.
Can I be dismissed from a zero-hours contract without notice?
The answer depends on whether you are an employee or a worker, your contractual terms, your length of service and the circumstances of termination. An employee may have statutory or contractual notice rights, while a worker who is not an employee generally does not have the same statutory minimum notice entitlement.
Am I entitled to holiday pay on a zero-hours contract?
Generally, eligible workers accrue statutory paid annual leave. The calculation depends on the working arrangement and the rules applicable to the relevant leave year.
Can my employer stop me from working elsewhere?
Current law restricts exclusivity clauses in zero-hours arrangements. Whether a particular restriction is enforceable depends on the statutory rules and circumstances, but employers should not assume that a blanket ban on other work is lawful.
Will zero-hours contracts be banned under the Employment Rights Act 2025?
The reforms do not amount to a blanket prohibition on all zero-hours contracts. Instead, they introduce a framework for guaranteed-hours offers to qualifying workers and rights relating to shift notice and short-notice changes. Workers who prefer flexibility are expected to be able to reject a guaranteed-hours offer, subject to the final legal framework.
When will guaranteed-hours rights start?
The government’s current timetable anticipates implementation during 2027. The precise commencement arrangements and final details should be checked against subsequent official announcements and regulations.
Do agency workers benefit from the new legislation?
The Act includes specific provisions concerning qualifying agency workers, including guaranteed-hours offers and shift-related rights. The exact duties depend on the agency arrangement, statutory definitions and implementing regulations.
Can I bring a claim if my employer gives me no shifts?
Potentially, but the facts matter. A lack of shifts may be consistent with a genuine zero-hours contract, or it may raise issues concerning contractual rights, discrimination, retaliation, dismissal or another legal protection.
Does a zero-hours contract count towards continuous employment?
It can. Continuity depends on the legal relationship and the relevant statutory rules. The absence of work in a particular week does not necessarily mean employment has ended.
Where can I obtain help?
Acas provides employment guidance and conciliation services. Workers and employers may also seek advice from a trade union, an employment solicitor or another appropriately qualified adviser
Conclusion: Understanding Zero-Hours Contract Law in 2026
Zero-hours contracts remain lawful in England and Wales, but they do not remove fundamental employment protections. Employees and workers may have rights to minimum pay, paid annual leave, rest periods, protection from discrimination and other statutory entitlements, depending on their status and circumstances.
For employers, the central task is to ensure that contracts reflect actual working arrangements, statutory entitlements are properly administered, and decisions about shifts are made lawfully.
The Employment Rights Act 2025 represents a significant change in direction. Its guaranteed-hours, reasonable-notice and short-notice payment provisions are intended to reduce uncertainty for qualifying workers while retaining flexibility for those who want it. As at 21 October 2026, these principal reforms are not yet in force, and employers should prepare for the expected 2027 implementation rather than treating the new rights as already operational.
The safest approach for both sides is to understand the current law, maintain accurate records, review contracts regularly and obtain advice when the legal status or consequences of a working arrangement are uncertain.
Legal disclaimer: This article is for general information and educational purposes. It is not legal advice and does not create a solicitor-client relationship. Employment rights depend on the facts, the applicable legislation and the law in force at the relevant time. Professional advice should be obtained before taking action in a specific dispute.
