Zero hours contracts are often used by employers that require flexibility in their workforce, for example where the need for workers is unpredictable.
Under a zero hours contract, the employer is not obliged to offer the worker a set number of hours. Depending on how the contract is drafted, the worker may or may not have an obligation to accept any work that is offered.
From 6 April 2020, the right to a written statement of terms and conditions of employment extends to workers, including workers on zero hours contracts, and employers must include terms relating to hours and days of work, and how they may be varied.
The employment status of an individual on a zero hours contract will depend on the nature of the relationship between the parties. When drafting such a contract or written statement, the employer must be clear about whether or not it intends the worker to have employee status, and should ensure that what is set out in the contract or statement reflects the reality of what is expected from the worker.
