Zero-Hours Contract vs Casual Contract

Last updated: February 2025

Quick Comparison

AspectZero-Hours ContractCasual Contract
Ongoing relationshipContinuous employment relationship exists even without hoursNo employment relationship between engagements
Employment statusWorker or employee with statutory rightsMay be worker or genuinely self-employed depending on facts
Holiday payAccrues holiday pay on all hours workedDepends on status; may accrue if classified as worker
RegularityCan involve regular or irregular hoursTypically irregular, ad-hoc engagements

What Is a Zero-Hours Contract?

A contract where the employer is not obliged to provide a minimum number of hours and the worker is not obliged to accept any hours offered.

Key Features

  • No guaranteed minimum hours of work
  • Exclusivity clauses are banned under UK law
  • Worker retains statutory rights including holiday pay
  • Employer offers work as and when needed

Best For

  • Businesses with highly variable demand
  • Workers wanting maximum flexibility
  • Supplementary staffing for peak periods

What Is a Casual Contract?

An informal arrangement where work is offered and accepted on an ad-hoc basis with no ongoing obligation on either side between engagements.

Key Features

  • No ongoing employment relationship between assignments
  • Each engagement is a separate contract
  • No obligation to offer or accept future work
  • Often used for event-based or seasonal work

Best For

  • One-off events or occasional cover
  • Workers who want complete freedom to decline work
  • Businesses needing a pool of available workers

When to Use a Zero-Hours Contract

Use a zero-hours contract when you have an ongoing relationship with someone but cannot guarantee hours. This is common in hospitality, retail, and care sectors where demand fluctuates.

When to Use a Casual Contract

Use a casual arrangement only for genuinely ad-hoc, irregular work where there is no expectation of ongoing engagement. Be cautious, as regular patterns can create an implied employment relationship.

Which Does Your Business Need?

If you regularly call on the same individuals, a zero-hours contract provides clearer legal footing. True casual arrangements suit one-off or sporadic needs. In either case, ensure you comply with holiday pay and minimum wage obligations.

FAQ

Can I require a zero-hours worker to be available exclusively for me?

No. Under section 27A of the Employment Rights Act 1996, exclusivity clauses in zero-hours contracts are unenforceable. Workers are free to work for other employers.

Do casual workers get holiday pay?

If classified as workers under UK law, yes. They accrue 5.6 weeks of statutory holiday per year, typically calculated as 12.07% of hours worked and often paid as rolled-up holiday pay.

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This is guidance for UK businesses, not legal advice. Consult a solicitor for complex matters.

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