Make Your Document In 3 Easy Steps:
Answer a few questions to customise your document in minutes
Save progress and finish on any device, download & print anytime
Securely sign online and invite others to sign
This document has been customised over 26.8K times
Legally binding and enforceable
Complies with relevant laws
Ask a lawyer questions about your document
Sign this document online for free with RocketSign®
Dear ,
(the 'Business') requires casual workers because varying business demand means that the Business cannot always predict how many people it will need to carry out work for it at all times. This letter records the terms on which the Business agrees to enter into a casual work relationship with you.
In other cases, we have a legitimate interest in processing your data before, during and after the end of the business relationship.
| _________________________________ | _________________________________ |
We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.
Ask a question for free or get affordable legal advice from our lawyer.
All the legal documents you need—customise, share, print & more
Unlimited electronic signatures with RocketSign®
Ask a lawyer questions* and get a response within one business day
Access to legal guides on 100s of topics
A 30-minute consultation with a lawyer about any new issue
33% off hourly rates or a fixed price if you need further legal help
*Subject to terms and conditions
This Zero Hours Contract template covers:
the type of work that will be offered to the worker and how it will be offered
how work will be carried out
terms relating to pay and benefits
the place of work, agreed hours and holidays
terms relating to sickness
arrangements for ending the agreement
You should use a Zero Hours Contract when you cannot guarantee hours for staff or want them to have flexible working arrangements. Zero Hours Contracts are frequently used where the demand of work fluctuates, for unexpected or last-minute events, or for on-call/bank work.
You should not use Zero Hours Contracts to run the main functions of a business or where staff members will work regular hours over an extended period.
Making a Zero Hours Contract also helps you provide workers with a written statement of employment particulars (ie their terms and conditions of work). All workers are entitled to a principal statement on their first day while a wider written statement must be provided within two months of starting work.
For more information, read Zero-hours contracts.
The key difference between a Zero Hours Contract and an employment contract is that there is no mutuality of obligation. In other words, a Zero Hours Contract, unlike an employment contract, does not require an employer to offer work or for workers to accept it.
Individuals on Zero Hours Contracts can be workers or employees. This will depend on their employment status. This Zero Hours Contract sets out that individuals hired under it are workers. For more information on the different types of employment status, read Consultants, workers and employees.
Zero-hours workers are entitled to basic employment rights including annual leave and the National Minimum Wage (NMW) and National Living Wage (NLW) regardless of whether they’re classed as workers or employees. See ‘Are Zero Hours Contract entitled to holiday pay and sick pay’ below for more information.
For more information on the employment status of zero hours workers, read Zero-hours contracts.
A Zero Hours Contract typically creates a 'worker' relationship. However, an employer-employee relationship may develop over time.
In most cases, using a Zero Hours Contract means that an employer recruits a 'worker' at first. However, the way the working relationship develops over time may enhance the employment status of the worker (eg because the actual working arrangements indicate that the worker is in fact an employee). If a dispute arises about an individual’s employment status, the Employment Tribunal has the power to decide the contractual relationship that exists between the employer and worker.
This Contract reflects the employer’s intention to only treat zero hours workers as workers and not as employees.
Zero hours workers are entitled to a variety of employment rights, including:
annual leave and holiday pay
sick pay
the NMW
the right to work no more than the 48-hour work week (or to opt-out of this)
protection from unlawful deductions from their wages
protection from discrimination
protection from being subjected to a detriment (eg loss of work) for failing to comply with an exclusivity provision
As zero hours workers don't normally have 'employee' status, they are not entitled to statutory minimum notice periods, statutory redundancy pay or time off for emergencies. They’re also not entitled to claim unfair dismissal or request flexible working.
For more information, read Zero-hours contracts.
An employer has the right to end this agreement immediately in writing if a worker has committed:
a serious breach of the contract’s terms
gross misconduct (eg dishonesty, theft or misuse of drugs)
A worker can terminate this agreement by informing the employer as soon as possible that they no longer want to be considered their casual worker. This should be done in writing.
This document gives you the right to transfer workers’ data out of the UK or the European Economic Area (EEA). However, the employer can only transfer personal data outside of the UK or EEA if there are appropriate safeguards in place (eg the organisation receiving the data is certified under an approved certification mechanism or certain model clauses are used). Such safeguards should be set out in your Data protection policy. For more information, read International transfers of personal data.
Making a Zero Hours Contract online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Zero Hours Contract you will need the following information:
Party details
Your details, including who will sign the Contract.
Your future worker’s details.
Job details
What’s the worker’s job title?
When will the job start?
Will the worker always work at the same location? If so, where will they work?
What is a summary of the worker’s duties?
Worker entitlements
How much will the worker be paid per hour?
When will the worker be paid?
Will the worker receive a bonus or overtime pay?
When does your holiday year start and end?
Employer policies
Do you process (eg collect and store) criminal offence data?
Do you monitor staff?
A Zero Hours Contract sets out the parameters of the relationship between an employer and a worker. To do this, a Zero Hours Contract will typically include:
employer and worker details - the name, address, and other details of the business or individual who is the employer and of the worker
status of this agreement - sets out that the agreement is a casual contract (not an employment contract) and that the employer is not under an obligation to provide work nor is the worker required to accept work
how work will be offered and carried out - sets out how work will be offered to the worker (by phone or email). Workers who accept work offered to them are expected to carry out and complete the work
type of work - provides the worker’s job title and a summary of their duties, should they choose to accept the work offered
pay and benefits - explains what the employee will be paid per hour and how they will receive their wage. It also sets out any benefits the worker may be entitled to
place of work, hours and holiday - sets out where the worker will carry out the work and that they are entitled to an unpaid meal break. It also sets out the worker’s holiday entitlement and the duration of the employer’s leave year
working time opt-out - the worker should keep the employer informed of the hours they work per week (including for other businesses). The employer should ask them to complete a Working time opt-out letter agreement if they work more than 48 hours per week
sickness - if a worker is sick and unable to attend work, they should let the employer know at least 30 minutes before they were expected to start working. Workers who qualify for statutory sick pay (SSP) will receive SSP when off sick from work for the required period
data protection - a commitment by the employer to adhere to:
the rules and procedures in their data protection policies, and
their obligations under data protection law (ie the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018) to uphold workers’ data security and privacy rights when handling their personal information
confidential information - requires the worker not to disclose any confidential information they gained access to while working for the employer
business property - all property belonging to the employer (including documents, hardware and software) which was provided to the worker remains the employers’ property and must be returned when the worker stops working for the employer
termination - when and how the employer-worker relationship can be brought to an ended
If you want your Zero Hours Contract to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Contract for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Setting out the parameters of an employer-worker relationship in a formal contract helps the relationship begin with clarity and efficiency. To manage this process as well as possible, consider the following tips:
Determine whether a Zero Hours Contract is suitable for your situation
You should only rely on Zero Hours Contracts where appropriate for your business. The flexibility of Zero Hours Contracts should be used where the workload is irregular and there isn’t a consistent need for staff to work regular hours. You shouldn’t use Zero Hours Contracts where workers would, in practice, work regular hours. Where this is the case, you should consider alternative means of providing flexibility (eg by considering flexible working options).
Make sure that you uphold workers’ employment rights
Employment law is complex and, even though workers aren’t employees, they too are entitled to certain legal rights. It’s important that you make and follow provisions for ensuring these rights are upheld, including, but not limited to, workers’ rights to:
holiday leave and pay
sick pay
minimum wage
rest breaks
protection from unlawful deductions from their wages and discrimination
Consider what HR policies you may need to have in place
While workers have fewer employment rights than employees, they are still entitled to certain rights. To help workers understand what they are entitled to, and to ensure you meet your legal obligations as an employer, it is advisable to have certain HR policies in place. This Zero Hours Contract specifically mentions the following policies which you should consider adopting:
a Data protection and security policy - setting out the policies and procedures you comply with when dealing with personal information and personal data
an Employee privacy notice - to inform staff about how you collect, use, retain and disclose their personal data
a Communications and equipment policy - setting out how members of staff are monitored at work
a bespoke criminal records information policy - if you process criminal offence data
Ensure compliance with the 48-hour work week
Workers over the age of 18 must not work more than 48 hours a week, which includes time spent in other jobs. As a result, it’s important that you’re aware of how many hours your staff work, including for others. If your workers work more than 48 hours per week, they should use a Working time directive opt-out letter to opt out of the 48-hour work week. Take care not to pressure your workers into signing an opt-out agreement as they are only valid if the worker freely consents to them. For more information, read How to opt-out staff from the 48 hour week.
Be aware that exclusivity provisions are unenforceable
The Small Business, Enterprise and Employment Act 2015 prohibits employers from including exclusivity provisions in their Zero Hours Contracts. This means that employers cannot require workers to only work for them and not any other businesses. Similarly, employers cannot require workers to gain their permission before working for another business. Any such provisions are unenforceable and employers should not seek to require exclusivity from their workers under a Zero Hours Contract.
Understand when to seek advice from a lawyer
In certain circumstances, it’s a good idea to consult a lawyer about your Zero Hours Contract or to have them review it. You should Ask a lawyer for advice if:
you intend to create an employment relationship (ie between an employer and employee) under a zero-hours (or other) contract
the workers are based outside England, Wales or Scotland
