Zero hours-contracts are a type of contract. It effectively means an employer doesn’t have to guarantee any set amount of working hours to the worker.
This also means that the worker doesn’t have to accept any work offered by their employer.
It’s against the law for employers to prevent staff on zero-hours contracts from working for other employers, with an exclusivity clause.
For example, employers aren’t allowed to include a clause in the contract of zero-hours workers, stating they can only work for them.
Workers also shouldn’t be treated unfavourably if they do work for other employers.
Zero-hours staff are classified as employees or workers and should refer to their employment status as such. According to Acas, your rights are based on your employment status.
Your rights are determined by your employment status, not having a zero-hour contract. This means you should receive the same employment rights by law as full-time workers, including but not limited to
You might engage staff on a zero-hours contract basis if you need additional flexibility in parts of your workforce, or extra hands on deck at certain times of year.
Some examples of sectors that might use zero-hours contracts are:
Zero hour contracts, by nature, do not guarantee you'll receive work from your employer, however, you're also under no obligation to accept the work offered. For example, if for some reason you can’t work a shift being offered to you, you don't have to accept it while on a zero-hours contract.
An important part of hiring zero-hours workers is understanding how holiday entitlement and pay are calculated.
Zero-hours workers are entitled to take paid holiday, although they have limited legal rights. (We cover how to calculate holiday pay for those on zero-hours contracts in a later section of this guide).
An employer can insist a worker take a holiday, as long as they provide twice as much notice as the holiday the worker is being asked to take. For example, 4 days’ notice would need to be provided for 2 days’ holiday.
The 2023 Employment Rights (Amendment, Revocation and Transitional Provision) Regulations introduce an optional way to calculate holiday entitlement for those with irregular hours and part-year work. This change affects holiday years starting on or after 1st April 2024.
1. Holiday pay method from 1st April 2024
Option 1: Holiday pay is worked out at 12.07% of actual hours worked during the pay period and paid when leave is taken.
The first 4 weeks should be paid at the ‘normal’ rate, and the remaining 1.6 at the ‘basic’ rate. (This is known as reference period holiday pay).
Option 2: An extra 12.07% of pay for actual hours worked is added to each pay packet (with no additional pay when leave is taken). If this method is chosen, the entire amount of the worker’s leave will be paid at the ‘normal’ rate of pay.
Employers can decide to offer one or both options for these calculations.
2. Statutory holiday accrual method from 1st April 2024
For irregular hours and part-year workers, there's a new accrual method starting from the first year of work - the 12.07% calculation. Holiday will be accrued at a rate of 12.07% of hours worked in a pay period.
Statutory leave continues to accrue when these workers are off work due to family-related or sick leave (depending on their employment status).
To determine your potential zero-hour contract holiday entitlement, Breathe’s Holiday Calculator can help work out your allowance in a few simple steps.
Workers on zero-hour contracts are entitled to Statutory Sick Pay providing they meet the eligibility criteria.
They will need to:
Whilst the weekly rate of Statutory Sick Pay applies to all employees and workers, the amount employers should pay workers for each day they’re off work depends on the number of qualifying days they work each week.
The government offers a Statutory Sick Pay calculator to help work out rates of sick pay for your workers.
If you have a genuine requirement for a flexible pool of workers, or a business where demand fluctuates, then zero-hour contracts can work extremely well.
It’s important that SMEs understand notice periods for zero-hours workers – or essentially, the lack of them.
There are no statutory rights regarding notice periods for zero-hours contract workers.
Theoretically, a zero-hours contract gives your worker the ability to ‘leave’ without ever giving notice. Since they don’t have to accept any work that you offer, nor give a reason for doing so, they could simply and permanently continue to turn work down.
Even where notice is given, your worker could still turn down any work offered during their notice period. Effectively, they can ‘leave’ as soon as notice is given. In practice though, every employer seeks a good working relationship and wouldn’t want this sort of situation to occur.
From an employer’s perspective, the issues are the same. Although you may give notice to a worker, provide a leaving date and follow the process (as per the zero-hours contract notice period you have outlined) you don’t then have to offer them any work during that time.
Employers need to be aware that a zero-hours contract will continue, even without providing work, until the contract is terminated either by themselves or the worker.
If no paid work has been completed within x number of weeks, the contract will come to a natural end. This clause will need to be stated in the contract. If that time does come, the employer must pay any accrued holiday that is owed.
All workers, no matter the type of employment they undertake, should receive a P45 at the end of their employment contract.
So, there are a couple of things to be aware of with zero-hours contract notice periods.
Firstly, you shouldn’t rely on a zero-hours contract worker being available during their notice period. Secondly, you can’t expect that they’ll even give notice that they’re resigning.
If you bear those points in mind, these contracts can be very useful for calling on ad-hoc workers as and when you need them.
