Zero Hours Contract Written Statement

A zero hours contract written statement is the document a UK employer must give a zero hours worker under Section 1 of the Employment Rights Act 1996, setting out pay, hours, holiday, and the terms of the arrangement. It is required from the worker's first day, whether or not they are formally an employee. Build a compliant one below, then read the full clause-by-clause guide underneath.

✓ Updated July 2026

Employment Rights Act 1996, s.1

Employment Rights Act 2025

UK-wide

✓ Required from a worker's first day✓ Exclusivity clauses unenforceable✓ Free wizard, paid clean PDF

Employing tenants instead of staff? See our Written Statement of Terms Generator for tenancies — a different document, for landlords rather than employers.

Zero Hours Contract Written Statement Builder

Fill in employer, worker, pay, and hours details on the left, and watch the statement build on the right. Free download with watermark, or £9.99 for a clean copy. Add the zero-hours-specific wording from the checklist below before you issue it.

Landlord details

Required: your name and an address in England or Wales where the tenant can send legal notices. This does not need to be your home address.

What Is a Zero Hours Contract Written Statement?

A zero hours contract is an arrangement where the employer does not guarantee any hours of work, and the worker is paid only for hours actually worked. Section 27A of the Employment Rights Act 1996 sets out this definition. The written statement is the separate document that records the terms of that arrangement: who the parties are, the rate of pay, how shifts are offered, and the other particulars every worker is entitled to receive in writing.

Since 6 April 2020, the right to a written statement applies to workers as well as employees, and applies from the first day of work rather than within the first two months as the older rules allowed. A zero hours label does not change this. If someone works under a zero hours arrangement, they are entitled to the same day-one statement as any other member of staff.

📌 The short answer

If you engage a zero hours worker, give them a written statement covering pay, hours, holiday, and the zero hours arrangement itself, on or before their first day. Do not include a clause stopping them working elsewhere — since 6 January 2026 that restriction is unenforceable for any zero hours arrangement, not just contracts labelled as such.

Mandatory Clauses — What Must Be in the Statement

These are the particulars required under Section 1 of the Employment Rights Act 1996, as amended in 2018. Most apply to every zero hours worker; a small number depend on the specific arrangement.

ClauseWhy it's neededStatus
Employer nameIdentifies who the worker is contracting with.Required
Worker nameIdentifies who the statement covers.Required
Job title or brief description of the workSection 1 of the Employment Rights Act 1996 requires one or the other.Required
Start dateFixes when continuous service, if any, begins to run.Required
Whether earlier employment counts towards continuous serviceRelevant if the worker previously worked for the same employer or a predecessor.Required
Pay rate and how it is calculatedMust state the rate, and whether it is hourly, daily, or another basis.Required
How often pay is madeWeekly, fortnightly, or monthly, so the worker knows when to expect payment.Required
Hours of work and the zero hours arrangementMust say plainly that hours are not guaranteed and describe how shifts are offered and accepted.Required
Place of work, or that it variesConfirms where the work happens, including if the worker is assigned to different sites.Required
Holiday entitlement and how it is calculatedZero hours workers accrue paid holiday in the same way as other workers.Required
Sickness absence and sick payMust reference the sick pay terms, or where the worker can find them.Required
Notice periods on either sideSets out the minimum notice to end the arrangement, where one is agreed.Required
Pension and pension schemesAuto-enrolment duties apply to zero hours workers once eligibility thresholds are met.Required
Collective agreements affecting the termsOnly where a collective agreement actually applies to this worker.If applicable
Training entitlement provided by the employerA required particular since the 2018 amendment regulations.Required
Disciplinary and grievance procedure, or where to find itCan be given by reference to a staff handbook or similar document.Required
Probationary period, if anyOnly where a probation period genuinely applies to the arrangement.If applicable

Source: Section 1, Employment Rights Act 1996 ↗ · GOV.UK — written statement of employment particulars ↗

Clauses Specific to Zero Hours Arrangements

Beyond the standard particulars, a few points need particular care in a zero hours statement, because the arrangement itself has no fixed hours to describe.

1. No exclusivity clause

A clause stopping a zero hours worker from taking work with another employer is unenforceable under Section 27A of the Employment Rights Act 1996. From 6 January 2026, this ban applies to any zero hours arrangement, whatever it is labelled, not only contracts using the words "zero hours."

2. State plainly that hours are not guaranteed

The written statement should say directly that the employer does not guarantee any minimum number of hours, rather than leaving this to be implied. Vague wording is one of the most common defects tribunals point to.

3. Describe how shifts are offered and can be refused

Explain the method used to offer shifts, whether by app, text, or rota, and confirm the worker is free to decline. This protects the employer's position that no mutuality of obligation exists.

4. Describe how a shift can be cancelled

Set out how much notice the employer normally gives before cancelling a shift already accepted. This is good practice now, and is likely to become a stricter legal requirement once the Employment Rights Act 2025 shift-notice provisions come into force.

5. Flag the incoming guaranteed hours right, even though it is not yet in force

The Employment Rights Act 2025 will require employers to offer qualifying zero and low hours workers a contract reflecting their regular hours, worked out over a reference period. As of July 2026 this duty had not yet commenced; the government consultation on the reference period and hours threshold closed in August 2026, with implementation expected in 2027.

Source: Section 27A, Employment Rights Act 1996 ↗ · Employment Rights Act 2025 ↗ · ACAS — zero hours contracts ↗

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Zero Hours vs Part-Time vs Full-Time

The written statement requirement is the same across all three. What differs is the content: how hours, guarantees, and entitlements are described.

FactorZero Hours WorkerPart-Time EmployeeFull-Time Employee
Guaranteed hoursNone, by definitionUsually a set weekly minimumFull contracted hours
Obligation to accept work offeredNoDepends on contractYes, within contracted hours
Written statement requiredYes, from day oneYes, from day oneYes, from day one
Holiday entitlementYes, accrues at 12.07% of hours workedYes, pro-ratedYes, full statutory entitlement
Statutory Sick PayYes, if earnings meet the lower earnings limitYes, if eligibleYes, if eligible
Pension auto-enrolmentYes, once eligibility thresholds are metYes, once eligibleYes, once eligible
Exclusivity clause allowedNo, unenforceableOnly in limited circumstancesSometimes, if reasonable

Common Mistakes in a Zero Hours Written Statement

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1. Assuming casual or zero hours staff don't need a written statement

The day-one right to a written statement, in force since April 2020, applies to workers as well as employees. A zero hours label does not remove the requirement.

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2. Leaving in an exclusivity clause copied from an older template

Templates drafted before 2015, or before the 6 January 2026 extension of the ban, sometimes still carry a clause restricting other work. Such a clause is unenforceable and should be removed rather than relied on.

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3. Describing hours vaguely instead of stating they are not guaranteed

Phrases like "hours to be arranged" leave room for dispute over whether a regular pattern has, in practice, created an expectation of guaranteed hours.

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4. Issuing the statement after the worker has already started

The principal statement is required no later than the worker's first day. Giving it weeks into the arrangement does not meet the day-one requirement, even if the content is otherwise correct.

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5. Confusing a zero hours worker with a self-employed contractor

A zero hours arrangement is still a worker or employee relationship for the purposes of the Employment Rights Act 1996. Genuinely self-employed contractors are outside the written statement requirement, but misclassifying a zero hours worker as self-employed carries its own separate risks around tax and employment status.

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6. Not updating the statement once the Employment Rights Act 2025 provisions commence

When the guaranteed hours, shift notice, and cancellation compensation duties come into force, existing zero hours statements will need to reflect the new position rather than continuing to describe the pre-2027 arrangement.

Zero Hours Written Statement Examples by Sector

The mandatory particulars stay the same across sectors. What changes is how the shift pattern, place of work, and pay reference period are described.

Example 1 — Hospitality bank worker

A hotel in Manchester keeps a bank of zero hours staff for events and busy weekends. Each worker's statement states no guaranteed hours, describes shifts as offered by text message with the right to decline, and gives an hourly pay rate. No exclusivity clause is included, since bank staff commonly work for more than one hospitality employer.

Example 2 — Retail seasonal cover

A retailer takes on zero hours staff for the pre-Christmas period. The statement records the likely trading period, an hourly rate, weekly pay, and confirms holiday accrues at 12.07% of hours actually worked. The employer notes internally that if a worker's hours become regular beyond the season, their status should be reviewed rather than left on the original statement indefinitely.

Example 3 — Care sector zero hours worker

A care provider offers a zero hours arrangement to cover ad hoc shifts across several clients' homes. The statement lists the place of work as variable, describes travel time policy separately, and references the sick pay and grievance procedures held in the staff handbook rather than repeating them in full.

How to Issue a Compliant Zero Hours Written Statement — Step by Step

01

Confirm employment status

Decide whether the individual is a worker or an employee. Both are entitled to the written statement, but the distinction affects other rights, including unfair dismissal.

02

Gather the mandatory particulars

Employer and worker names, job title, start date, pay rate, pay frequency, and place of work.

03

Describe the zero hours arrangement in plain terms

State that there are no guaranteed hours, and explain how shifts are offered, accepted, and can be declined.

04

Remove any exclusivity wording

Check the template for a clause restricting other work and delete it. It is unenforceable and including it can mislead the worker about their rights.

05

Add holiday, sick pay, notice, and pension particulars

These apply to zero hours workers in the same way as to other staff, adjusted for irregular hours where relevant.

06

Issue the statement on or before the first day

Give the worker the principal statement no later than their start date, and keep a signed or dated record that it was given.

Legislative Timeline

1
1996Employment Rights Act 1996 enacted

Section 1 sets out the written statement of particulars requirement that still forms the core of today's document.

2
2015Zero hours contracts defined in law

The Small Business, Enterprise and Employment Act 2015 inserted Section 27A into the 1996 Act, defining a zero hours contract and banning exclusivity clauses within it.

3
April 2020Written statement becomes a day-one right for workers

The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 extended the written statement right to workers, not only employees, and required it from day one.

4
18 December 2025Employment Rights Act 2025 receives Royal Assent

The Act introduces a duty to offer qualifying zero and low hours workers guaranteed hours, plus rights to reasonable shift notice and cancellation compensation.

5
6 January 2026Exclusivity ban extended to all zero hours arrangements

The Workers (Predictable Terms and Conditions) Act 2023 was repealed, and the exclusivity clause ban was extended beyond contracts specifically labelled "zero hours" to cover zero hours arrangements generally.

6
25 August 2026Government consultation on guaranteed hours closes

The consultation covers the reference period for guaranteed hours and the low-hours threshold, expected to sit between 8 and 20 hours a week.

7
Expected 2027Guaranteed hours, shift notice, and cancellation pay commence

Exact commencement dates depend on further secondary legislation and had not been confirmed as of July 2026.

Source: Employment Rights Act 2025 (Commencement No. 1) Regulations 2026 ↗ · Make UK — zero hours and shift notices spotlight ↗

About This Guide

🔄

Updated July 2026

Reflects Section 1 and Section 27A of the Employment Rights Act 1996, and the Employment Rights Act 2025 changes in force as of this date.

🇬🇧

UK-wide

The written statement requirement under the Employment Rights Act 1996 applies across Great Britain. Northern Ireland has separate, broadly similar legislation.

⚠️

Not legal advice

This guide gives general legal information and a working example. For an unusual arrangement, or a dispute already in progress, get advice from a qualified employment solicitor.

OD

OfficeDraft Legal Team

This guide was built by cross-referencing Section 1 and Section 27A of the Employment Rights Act 1996 against the Employment Rights Act 2025 and its first commencement regulations, so the guide and the generator stay in sync as further provisions come into force. Reviewed July 2026.

About OfficeDraft →
External references: Employment Rights Act 1996, Section 1 — legislation.gov.uk · Employment Rights Act 1996, Section 27A — legislation.gov.uk · Employment Rights Act 2025 — legislation.gov.uk · GOV.UK — zero hour contracts · ACAS — zero hours contracts guidance · Find an employment solicitor — Law Society

Last updated: July 2026 · Editorial review: July 2026 · Author: OfficeDraft Legal Team

Frequently Asked Questions

Does a zero hours worker legally need a written statement?▾
Yes. Since 6 April 2020, the right to a written statement under Section 1 of the Employment Rights Act 1996 applies to workers as well as employees, from their first day. A zero hours arrangement does not remove this requirement.
Can a zero hours contract include an exclusivity clause?▾
No. Exclusivity clauses have been unenforceable in zero hours contracts since 2015 under Section 27A. From 6 January 2026, the ban was extended to cover all zero hours arrangements, not only contracts using that specific label.
Will zero hours workers get a legal right to guaranteed hours?▾
The Employment Rights Act 2025 will require employers to offer qualifying zero and low hours workers a contract reflecting their regular hours, plus rights to reasonable shift notice and cancellation compensation. As of July 2026 these provisions had not yet commenced; implementation is expected in 2027.
What is the difference between a zero hours worker and a casual worker?▾
A zero hours contract, as defined in Section 27A, guarantees no hours at all. "Casual worker" is a looser business term sometimes used interchangeably, and sometimes for an arrangement with an implied minimum pattern.
What must be included in a zero hours worker's written statement?▾
At minimum: employer and worker names, job title, start date, pay rate and frequency, an accurate description of the zero hours arrangement, holiday entitlement, sick pay, notice periods, and pension information.
What happens if an employer doesn't provide a written statement?▾
A worker can bring an employment tribunal claim, usually alongside another claim such as unlawful deductions. Where the tribunal finds for the worker, it can award two or four weeks' pay for the missing or defective statement.
Can a zero hours worker refuse a shift?▾
Yes. A genuine zero hours arrangement means no obligation to accept shifts offered, and no obligation on the employer to offer a set amount of work.
Do zero hours workers get holiday pay?▾
Yes, calculated at 12.07% of hours worked where there is no fixed pattern, and this should be recorded or referenced in the written statement.

⚠ Legal disclaimer

OfficeDraft's zero hours written statement generator helps employers produce a statement covering the core particulars required under Section 1 of the Employment Rights Act 1996. This page and the generator provide general legal information and do not constitute independent legal advice. Names, figures, and scenarios above are illustrative. If you are unsure how a specific term applies to your workforce, seek advice from a qualified employment solicitor. A directory of solicitors is available at solicitors.lawsociety.org.uk.

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