Your rights on zero hours contracts: being sacked, saying no, and what’s changing

It’s fair to say opinions on zero‑hours contracts are divided – but how much do you really know about them and what’s changing?

Some people see them as flexible and convenient, while others feel they’re open to exploitation.

The working arrangement means there is no guarantee of work and pay, and shifts can be offered only when the individual is needed which can be with very little notice.

These types of contracts are now everywhere, so understanding how they work really matters.

The number of workers on zero-hours contracts is now said to be at a record high.

The increase appears to be driven by more young people aged 16 to 24 who are not in full‑time education. The number of people on zero‑hours contracts was reported to be 1.23 million in December.

Analysis by the Work Foundation at Lancaster University, based on Office for National Statistics (ONS) data, revealed that number was a 91,000 increase on a year earlier (1) [cited 9.6.26]

The contracts are liked by some employers, and it must be said by some workers too, because of the flexibility offered, but they’re heavily criticised by unions and policymakers for creating financial insecurity and what has been dubbed ‘one‑sided flexibility’.”

The nature of these contracts means it can be unclear for some workers what their rights actually are, or even whether they have any at all.

Can you be sacked? Can you refuse shifts? Can you refuse the contract altogether? And what’s changing under the Employment Rights Act 2025 (ERA)?

This easy to follow guide takes a look at all of that, and what you need to know.

So what is a zero‑hours contract?

Unlike a contract of employment, a zero‑hours contract means the employer doesn’t actually guarantee any minimum number of hours. You only work when you’re offered shifts, and only then if you choose to accept them.

It does mean you can pick and choose when you work. However, some people are not in a position to do so and have to simply accept such a contract because the really have no other choice. Whatever the situation, the law still gives you rights.

Can you be sacked on a zero‑hours contract?

The quick answer is yes, you can be dismissed.

However, there is a ‘but’ here, because everything depends on whether you’re legally classed as a worker or an employee

An employee is a formal, contracted worker with long-term security, fixed hours, and comprehensive statutory rights (like sick pay and redundancy). A worker is anyone providing services, including casuals or freelancers, who generally have fewer rights and more flexible schedules (2) [cited 9.6.26] 

Most people on zero‑hours contracts are “workers,” not “employees.” That matters because:

Being dismissed is not usually a formal dismissal and will typically happen in different ways:

• You stop being offered shifts.
• Your name disappears from the rota.
• You’re told you’re “no longer needed.”
• You’re removed from the system without explanation.

It is widely known as “dismissal by the back door.” It may not be fair, but it’s common, and you would be right to question if it is even legal, which depends on the reason.

You cannot be dismissed or have shifts withdrawn because of:

• Pregnancy.
• Disability.
• Whistleblowing.
• Raising concerns.
• Trade union membership.
• Discrimination (age, race, sex, disability, religion, etc.).

If any of these apply, you may have a claim even if you’re a “worker.”

And if you are an employee - regular hours, long‑term pattern, control by the employer  - you may have unfair dismissal rights after two years (3) [cited 9.6.26] .

Can you refuse a zero‑hours contract?

You can reject the contract and refuse to work individual shifts.

Refusing the contract

You do not have to accept a zero‑hours contract, and you can say no. Any attempt by an employer to pressure or force you into signing one, can be a red flag.

Refusing shifts

You can say no to shifts that are offered to you. That’s the whole point of a zero‑hours contract. An employer should not punish you for refusing to work, unless the contract says otherwise and even then, it must be reasonable.

Is there a catch?

If you say no too often, an employer may quietly stop offering you shifts if it believes it cannot rely on you. It’s not fair, but it could happen.

Can you be disciplined for refusing shifts?

It’s unlikely if you’re “worker,” because you’re not tied to set hours.

But if you’re an “employee,” refusing reasonable instructions could be an issue, but only if the contract actually requires you to accept work. Many zero‑hours contracts don’t.

What’s changing under the ERA?

The ERA introduces some major reforms to zero‑hours contracts (4) [cited 9.6.26] . The changes are intended to give workers more stability and prevent employers from using zero‑hours contracts unfairly, and are due to be introduced next year. Here are some of the key changes.

The right to a “predictable working pattern”

This is the big one.

Under the ERA, zero‑hours workers will have the right to request a predictable working pattern if:

• They have worked for the employer for at least 12 weeks, and
• Their working pattern is “unpredictable.”

This includes:

• Predictable hours
• Predictable days
• Predictable weeks
• Predictable locations

It’s similar to a flexible working request, but specifically designed for insecure work.

Employers will have to consider such requests reasonably and can only refuse for specific business reasons.

Ban on exclusivity clauses

Exclusivity clauses, which stop zero‑hours workers from taking other jobs, were already banned for low‑paid workers. ERA strengthens this ban and makes it clearer.

You cannot be prevented from working elsewhere.
You cannot be punished for taking another job.
You cannot be forced to be “on call” without pay.

Stronger protection against unfair treatment

ERA introduces new protections for workers who:

• Request predictable hours.
• Refuse unreasonable demands.
• Challenge unfair scheduling.
• Raise concerns about zero‑hours practices.

If an employer cuts your hours, removes you from the rota, or treats you badly because you exercise your rights, that could be unlawful.

Clearer rules on status and rights

The ERA pushes employers to be clearer about whether someone is a:

• Worker.
• Employee.
• Self‑employed contractor.

This is important because many zero‑hours workers are actually employees in practice. If you work regular hours for a long period, you may gain employee rights, including unfair dismissal protection.

The ERA will strengthen the principle confirmed in the Uber case in that employment status depends on the reality of the working relationship, not the label on a contract (5) [cited 9.6.26] .

What does this mean for you in real life?

If you’re worried about being sacked or just want more stability, it helps to keep things practical.

Keep a record of your shifts, save any messages where work is cancelled, and note anything that feels unfair or discriminatory. If you think you’re being punished for refusing shifts, get advice early.

Under the ERA, you can ask for predictable hours after 12 weeks, which is a big step forward for anyone stuck in insecure work.

And if you don’t want a zero‑hours contract at all, you can refuse it. No one can force you to accept one.

FAQs

You still have rights to:

• Holiday pay.
• Rest breaks.
• Protection from discrimination.
• The National Minimum Wage.
• Payslips.
• Safe working conditions.

Finally

Zero‑hours contracts can provide much-needed flexibility, but the downside is they  can also create insecurity.

The good news, however, is that the ERA brings real change. Workers will have more control, more stability, and more protection from unfair treatment.