Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Zero hours working has become a fixture of the modern UK labour market, used everywhere from hospitality and retail to care work and professional services. For employers juggling unpredictable demand, it offers a way to scale the workforce up and down without committing to fixed hours.
For workers, it can provide welcome flexibility or leave them uncertain about next week's income, depending on how the arrangement is run. A written Zero Hours Contract Policy sits alongside the contract itself and sets out how the relationship actually works day to day.
It addresses how shifts are offered, how workers accept or decline them, what happens when work dries up, and where the legal rights of both sides begin and end. Getting the policy right reduces disputes, improves retention, and keeps the business on the correct side of employment law. This guide walks through what the policy needs to cover and the issues most commonly missed.
What this document is
A Zero Hours Contract Policy is an internal document that explains how your zero hours arrangements operate in practice. It is not the contract itself, it is the rulebook that surrounds it. The contract creates the legal relationship, and the policy translates that into procedures everyone can follow.
The arrangement is built on a simple premise: the employer does not guarantee any minimum hours, and in return the worker is generally free to accept or decline the work that is offered. Because that flexibility runs both ways, things can get messy quickly without clear ground rules.
A good policy spells out how and when work will be offered, how much notice the worker can expect, what the process is for turning down a shift, and what happens if a shift is accepted and then missed. It also addresses the statutory protections zero hours staff are entitled to, including the right to work for other employers, holiday pay calculated on hours actually worked, and the national minimum or living wage for all time on duty. Used properly, the policy keeps expectations aligned and gives managers a consistent framework to rely on.
How to use this document
Decide whether zero hours is genuinely the right model. Before writing a policy, work out whether the business actually needs this level of flexibility or whether part time or annualised hours would serve better. Zero hours suits genuinely unpredictable demand, it is less appropriate where a worker reliably does similar hours week after week, because that pattern can create implied entitlements over time. 2. Set out how work will be offered and accepted. The policy should describe exactly how shifts are communicated, whether by text, app, phone call, or rota software, and how much notice workers can typically expect. Make clear that workers can refuse offered work without penalty, but that once a shift is accepted they are expected to turn up and complete it as agreed. 3. Address exclusivity and outside work. Clauses that stop zero hours workers taking jobs with other employers are unenforceable under UK law, and the policy must reflect that. State plainly that workers are free to accept work elsewhere, and consider how you will handle situations where a worker's other commitments affect their availability for your shifts. 4. Cover pay, holiday, and statutory rights. Spell out the hourly rate, any enhancements for weekends or unsocial hours, and how pay is calculated and processed. Explain how holiday entitlement builds up based on hours worked, how it is requested, and how holiday pay is calculated. Confirm that rest breaks, minimum wage, and anti discrimination protections all apply in full. 5. Plan for performance, conduct, and ending the arrangement. Even without guaranteed hours, you still need fair procedures for dealing with poor performance, misconduct, and grievances. Describe how concerns will be raised and handled, and explain how either party can end the arrangement. Avoid simply ghosting workers by cutting off shifts, which can give rise to claims depending on how the relationship has operated in practice.
It depends on the actual working relationship rather than the label on the contract. Most zero hours staff are classed as workers, which gives them core rights like the minimum wage, paid holiday, and protection from discrimination. Some may qualify as employees if the pattern of work shows mutual obligation and personal service over time, which unlocks additional rights such as unfair dismissal protection after the qualifying period.
Q Can we stop zero hours staff working for competitors?
Exclusivity clauses in zero hours contracts are unenforceable in UK law, and any attempt to penalise a worker for taking work elsewhere can lead to claims. You can still use reasonable confidentiality obligations and conflict of interest provisions, but you cannot prevent a zero hours worker from accepting shifts or employment with another business, including a competitor.
Q How is holiday pay calculated for zero hours workers?
Zero hours workers accrue paid holiday based on the hours they actually work. The calculation typically uses an average of earnings over a reference period set by current legislation. Because rules on reference periods and rolled up holiday pay have changed in recent years, it is worth checking the current position on gov.uk before finalising your approach.
Q Do we have to give a written statement of terms?
Yes. Workers and employees are entitled to a written statement of the main particulars of their engagement from day one, covering matters such as pay, hours, holiday, and notice. This is a statutory requirement and applies to zero hours arrangements just as it does to any other. The policy sits alongside that statement rather than replacing it.
Q Can a zero hours worker refuse a shift?
Yes, and that right to refuse is a defining feature of the arrangement. A genuine zero hours contract does not compel the worker to accept any particular shift. Your policy should confirm this and explain that refusing work will not be held against the worker. If you find yourself in practice requiring attendance, the relationship may have shifted into something closer to regular employment.
Q What happens if we just stop offering shifts?
Quietly withdrawing work, sometimes called zeroing down, can be legally risky. Depending on how long the worker has been engaged and the pattern of work, it may amount to a dismissal or give rise to discrimination or detriment claims. A fair process with open communication is safer than silently letting the relationship wither.
Q Is a separate policy really needed on top of the contract?
It is not a legal requirement, but it is strongly recommended. The contract sets out the headline legal terms, while the policy explains the day to day mechanics that managers and workers actually interact with. Without a policy, practices tend to drift between managers, inconsistencies creep in, and disputes become harder to resolve fairly.
Zero hours arrangements look simple on paper but throw up tricky questions around exclusivity, holiday pay, and what happens when work dries up. An experienced legal adviser can talk you through the key issues based on what you describe, so you can put sensible ground rules in place before problems appear.
✓Plain-English answers to your specific questions about zero hours working
✓Practical perspective on how to structure shifts and offers based on what you describe
✓Clarity on the worker rights that apply in your circumstances
✓What to watch out for when drafting or updating your policy
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.