Zero-Hours Contract - Employee
This zero-hours employee agreement, drafted based on guidance from sources such as Acas, sets out the terms of employment where no minimum working hours are guaranteed, but employment continues between assignments and work is offered on a variable, ad hoc basis. It confirms employee status and statutory rights, including pay through PAYE, paid annual leave, sick pay, pension auto-enrolment, and disciplinary, grievance, and notice procedures.
Zero-Hours Contract - Employee
Find out more about zero-hours contracts from Acas here: https://www.acas.org.uk/zero-hours-contracts.
This statement lists the 'particulars' (terms and conditions) of your employment as of [statement date] as required under the Employment Rights Act 1996.
Names of the employee and employer and the start date
You, [employee name], began your employment with [company name] as an employee on [start date]. Your period of continuous employment begins on [start date of continuous employment]
Job title and description
You are employed as [job title] on a zero-hours basis.
Brief description of the job - use either A or B
A brief description of your role is [brief description of role].
Your responsibilities are set out in the job description attached to this statement. We may reasonably amend your duties from time to time to meet business needs and, in addition to duties set out in the job description, you may be required to undertake additional or other reasonable duties as necessary to meet the needs of our business when work is offered.
You will be offered work on an ad hoc basis; there is no guarantee of any minimum hours. Your employment continues between assignments.
Pay
You will be paid £[rate in £] per hour for all hours worked.
Payment will be made [pay frequency] in arrears through PAYE, with deductions for income tax and National Insurance Contributions as required by law.
Place of work
Your normal place of work is [workplace address], although you may be required to work at other locations on a temporary basis where reasonably required.
Working abroad
You may be required to work outside the UK only with your prior agreement and for specific assignments.
The Working Time Regulations 1998 apply to your employment.
Working hours
You are employed on a zero-hours basis and your working hours are variable. There is no obligation for us to offer any minimum number of hours of work in any week. When work is offered, you are expected to make yourself reasonably available to perform it, subject to reasonable prior commitments or availability constraints.
Holiday entitlement
Your holiday entitlement is [holiday entitlement]. Any holiday pay will be calculated pro rata based on hours worked.
Holiday accrues based on hours worked and must be taken in accordance with our holiday policy. The holiday year runs from [dates of holiday year].
Holiday pay will be calculated in accordance with statutory rules.
Other benefits
Use either A, B or C.
You are entitled to [list benefits] from [start of entitlement to benefits], subject to eligibility criteria.
You may be eligible for benefits in accordance with our benefits policy, as amended from time to time.
You're not entitled to any contractual benefits other than those set out in this statement.
The benefits policy is available from [policy source].
Absence and sick pay
If you are scheduled to work and are unable to do so due to illness or injury, you must notify [contact for absences] by [absence notice method] as soon as reasonably practicable, and no later than [absence notice requirement] on the first day of absence.
Sick pay
There is no contractual sick pay.
You may be entitled to statutory sick pay if you're not able to work due to 'incapacity' (sickness or injury). [provide statutory sick pay guidance]. Any statutory entitlement to SSP will apply only if you meet the minimum earnings and other statutory eligibility criteria.
Other paid leave
You are entitled to statutory leave and pay, including maternity, paternity, adoption, shared parental, parental leave, and time off for dependants, in accordance with legislation and subject to eligibility requirements.
[other paid leave as applicable]
Pension arrangements
Can be provided later, but must be provided within 2 months of the start of employment.
You will be automatically enrolled into a qualifying workplace pension scheme if you meet the statutory criteria. Contributions and opt-out rights will be in accordance with auto-enrolment legislation.
Pension terms and conditions can be found [policy source].
Training
Use any of the following options. Option A can be provided later, but must be provided within 2 months of the start of employment.
We offer [for example, in-house and external] training and in some cases [for example, time off work to undertake training], subject to certain eligibility requirements and other conditions. Details of this training are set out in [policy source].
We require you to complete [compulsory training courses that the organisation will pay for, for example induction training]. We will pay for the cost of this training.
You're required to complete [compulsory training courses that the organisation will not cover the cost for] at your own expense.
We have no obligation to provide training. Training may be provided for specific assignments if agreed in advance.
Probationary period
Use either of the following:
Your employment is subject to a [probationary period length] probationary period, during which performance and suitability will be assessed.
OR
There is no probationary period applicable to your employment.
Notice period and termination
During the probationary period, either party may terminate your employment by giving one month's notice.
Following completion of any probationary period, either party may terminate your employment by giving [notice period] notice. Statutory minimum notice periods will apply where greater. We may make a payment in lieu of notice.
You will remain entitled to pay during notice. However, there is no obligation to offer work during the notice period.
Collective agreements
Can be provided later, but must be provided within 2 months of the start of employment.
Use A or B.
There are no collective agreements affecting your employment.
[dates and parties involved in relevant collective agreements for the employment]
Grievances
If you wish to raise a grievance, you should do so in writing to [grievance contact] in accordance with our grievance procedure. A copy of the grievance procedure is available at [grievance procedure location].
Ensure you have any relevant policies in place if they are mentioned in this agreement, otherwise amend the wording as applicable.
Disciplinary and dismissal procedures
Our disciplinary and capability procedures apply to your employment and are available at [location of disciplinary and dismissal procedures].
These procedures follow the ACAS Code of Practice and include the right to appeal.
Confidentiality
You must not, at any time during or after your employment, use, disclose, or communicate any confidential information relating to us, our clients, suppliers, or partners, except as required in the proper performance of your duties.
“Confidential information” includes business plans, client lists, technical information, and any information reasonably understood to be confidential. You must take reasonable steps to protect this information and return or delete any documents or data on request.
Intellectual Property
Any work, designs, documents, software, or other materials you create in the course of your employment (“Work Products”) will belong to us. You assign all intellectual property rights in these Work Products to us and such rights shall vest in us in accordance with applicable law. You agree to sign any documents needed to confirm our ownership of such rights.
Indemnity
You will not be personally liable for losses arising in the ordinary course of your employment.
This does not exclude liability for fraud, wilful misconduct, or gross negligence.
Data protection
If, in performing any work for us, you process personal data, you must comply with our data protection policies and all applicable data protection laws. You must implement appropriate technical and organisational measures to keep data secure.
Health and safety
You must comply with our health and safety policies during your employment and report any hazards, accidents, or unsafe conditions immediately.
Governing law and jurisdiction
This agreement is governed by the law of England and Wales, and any dispute will be subject to the courts of England and Wales.
Please sign and return the statement to confirm you've received and accepted these terms.
Employee's signature:
Date:
Manager's signature on behalf of the organisation:
Date:
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England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
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