Zero-hours contract pay rights explained
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Quick answer: Zero-hours workers must receive at least National Minimum Wage for all hours worked, including travel between assignments and sleep-in shifts where working.
Zero-hours contracts cannot include banned exclusivity clauses that stop you working elsewhere. Holiday pay and statutory sick pay accrue on qualifying earnings. This guide explains minimum wage rules, waiting time and your rights on zero-hours arrangements.
Last reviewed:
Read the full work & self-employment guide →Primary source: www.gov.uk/contract-types-and-employer-responsibilities
Waiting time
If you are required to be available at your workplace waiting for work, all those hours count for National Minimum Wage purposes. On-call at home is analysed differently and may not count as working time.
Travel time between assignments for the same employer may count as working time depending on your contract and recent case law. Check your written terms and keep records of journeys.
Holiday pay
Calculate holiday pay using average weekly pay over the previous 52 weeks, including regular premium shifts and guaranteed overtime where applicable. Weeks with no pay are replaced by earlier paid weeks in the reference period.
Rolled-up holiday pay included in your hourly rate is technically unlawful but still appears in some contracts. Holiday pay should be itemised separately on your payslip.
Redress
Unpaid wages claims start with ACAS early conciliation, followed by an employment tribunal application within three months of the underpayment. Do not miss the deadline.
Your employer must give you a written statement of particulars from day one, listing your pay basis and employment status. This document helps prove what you were entitled to receive.
Common questions
Are zero-hours workers employees?
Zero-hours workers are usually employees for employment rights purposes, even if the contract describes them as casual. At minimum, they will be workers entitled to NMW and holiday pay.
Can employer refuse all hours?
Zero-hours contracts do not guarantee hours, but a regular pattern of work may still indicate an employment relationship rather than genuine self-employment. Regular shifts and integration into the business suggest employee status even without guaranteed hours.
Do they get redundancy pay?
If you are an employee with two years' service, you may qualify for statutory redundancy pay. Zero-hours workers count if they are integrated into the business.