Zero-hours contracts

Research by Acas has found that three in five workers are not aware of the rights of people working under zero-hours contracts.

These are contracts where the employer does not have to give any minimum working hours and a worker does not have to take any work offered. The employment status of a zero-hours worker can vary depending on the exact nature of the working arrangement.

The advice from Acas is that someone on a zero-hours contract could be legally classed as an employee or a worker. Crucially it is their employment status that will determine their legal rights.

It also makes clear that the following rights always apply to anyone on a zero-hours contract, and employers must, therefore, grant all relevant statutory employment rights to people who work under these arrangements:

• National Minimum Wage and National Living Wage
• paid holiday
• rest breaks
• protection from discrimination
• receiving payslips

Acas is currently consulting on a new draft statutory Code of Practice on handling requests for a predictable working pattern (ELR 844). The aim is to ensure that requests are handled in a reasonable manner so that a worker’s request is fully understood and considered.

This follows the introduction of a new law – the Workers (Predictable Terms and Conditions) Act - which aims to give eligible workers, including agency workers and people on zero-hours contracts, a new statutory right to request a more predictable working pattern (ELR 840).

The legislation states that if a worker’s existing working pattern lacks certainty in terms of the hours they work, the times they work or if it is a fixed term contract for less than 12 months, they will be able to make a formal application to change their working pattern to make it more predictable.

To access the consultation, which closes on 17 January 2024, click here.

To read Acas advice on zero-hours contracts, click here.