Zero Hours Contract Employment
Source: data.gov.uk (2022-05-19)

Estimates and Analysis of Zero Hours Employment contracts and number of employees hired on this contract type

CONSULTATION 
Zero hours employment 
contracts 
 
DECEMBER 2013 
 
 

Consultation: zero hours employment contracts 
Contents 
Contents ......................................................................................................................................... 2 
Foreword from the Secretary of State............................................................................................. 4 
1. Executive Summary.................................................................................................................... 5 
2. What is a zero hours contract?................................................................................................... 7 
What is a zero hours contract? ................................................................................................. 7 
What employment rights does an individual on a zero hours contract have?........................... 7 
3. Evidence on the use of zero hours contracts.............................................................................. 9 
How many zero hours contracts are used in the labour market, and by whom? ...................... 9 
The Government’s information gathering exercise on the use of zero hours contracts.......... 12 
What issues with zero hours contracts have been identified? ................................................ 13 
Payment for travel time for individuals on zero hours contracts.............................................. 14 
4. Issues for consultation.............................................................................................................. 16 
The Government’s labour market strategy.............................................................................. 16 
Addressing exclusivity............................................................................................................. 16 
Improving the transparency of zero hours contracts............................................................... 17 
5. List of consultation questions.................................................................................................... 19 
Confidentiality and disclosure of response.............................................................................. 19 
Addressing exclusivity............................................................................................................. 19 
Annexes........................................................................................................................................ 21 
Annex 1: Additional questionnaire on zero hours contracts........................................................ 21 
Annex 2: Further information on employment statuses............................................................... 24 
Annex 3: How to respond to this consultation............................................................................. 26 
Annex 4: Further information about the consultation .................................................................. 27 
2
 

Consultation: zero hours employment contracts 
Annex 5: Consultation Response form........................................................................................ 28 
Confidentiality and disclosure of response.............................................................................. 30 
Addressing exclusivity............................................................................................................. 30 
Improving the transparency of zero hours contracts............................................................... 32 
Questions for individuals......................................................................................................... 37 
3
 

Consultation: zero hours employment contracts 
 
4
Foreword from the 
Secretary of State 
The Government is committed to achieving a labour market 
that is flexible and fair. Our policy is to give employers the confidence to hire and create 
new jobs, and to provide a framework that allows individuals to not only find work, but to 
find work that suits them and their individual circumstances. We have been implementing 
an ambitious range of employment law reforms to help us deliver this vision and sustain 
the recovery in the labour market that now sees record levels of employment in the UK.  
 
But there is more to do. Zero hours contracts have been used responsibly in some 
sectors for many years. They can support business flexibility, making it easier to hire new 
staff and providing pathways to employment for young people. These contracts and other 
flexible arrangements give individuals more choice and the ability to combine their work 
with their other commitments. But this Government has always been clear that we will 
address and crack down on any abuse or exploitation of individuals in the workplace.  
 
The Government therefore seeks to maximise the opportunities of zero hours contracts 
while minimising abuse and setting core standards that protect individuals. This 
consultation document sets out the issues we have identified so far, seeks further 
evidence and invites views on a range of potential actions Government and employers 
can take.  
The Government will respond following the close of the consultation, and will set out any 
action we intend to take. In the meantime, I encourage you to engage in the consultation.  
 
 
 
Vince Cable MP 
Secretary of State for Business, Innovation and Skills and President of the Board 
of Trade 

Consultation: zero hours employment contracts 
 
5
1. Executive Summary  
1. The Government’s overarching aim is to achieve a labour market that is flexible, effective 
and fair. Over the summer the Government conducted an informal information gathering 
exercise on the use of zero hours employment contracts. This followed public and 
Parliamentary concern over whether there is abuse of such employment contracts 
Specifically, in examining the existing evidence on zero hours contracts, the Government is 
seeking ways to prevent any abuse and to maximise opportunities both for employers 
seeking to create jobs and for individuals to get work that suits them.  
2. This consultation seeks further evidence on the problems under consideration, and invites 
responses to a number of potential actions Government could take to address them and 
promote the outcome described above, including maintaining the status quo. At this stage, 
the Government has no preferred option. Views are sought in particular on maintaining a 
fair balance between the flexibility provided by zero hours contracts and ensuring adequate 
protection for individuals who experience some of the issues identified in this document. 
3. There is no legal definition of a ‘zero hours contract’. It is a term that is used to cover a wide 
range of employment contracts. It is a legitimate form of employment contract drawn up 
between employer and individual, providing both parties freely agree to it. ONS data shows 
the use of zero hours contracts has increased in the past 5 years, and that there are around 
250,000 such contracts in use in the UK today.   
4. The information gathering exercise has shown that the use of zero hours contracts can be 
useful and valuable for both employers and individuals in specific circumstances. They can 
promote flexibility for both parties, making it easier for business to hire new staff and suiting 
individuals who want the freedom to arrange their work around other commitments.  
5. Nevertheless, the information gathering exercise identified certain concerns around the use 
of zero hours contracts:  
 Exclusivity – while exclusivity clauses may be justified in certain particular cases, in 
some circumstances zero hours contracts included an ‘exclusivity clause’ preventing an 
individual from working for another employer, even if the current employer is offering no 
work;  
 Transparency – individuals are not always clear on the terms, conditions and 
consequences of a zero hours contract, and employers do not always fulfil or 
understand their responsibilities. Individuals also referred to uncertainty over access to 
personal finance markets and their eligibility for benefits payments when their hours of 
work frequently changed. 
6. The information gathering exercise also provided some examples of people who were, or 
had been, engaged on these contracts who felt they were penalised by their employer if 
they were not available for work when required.  For example, individuals had been offered 
work and turned it down and subsequently the employer had not offered the individual any 
further work. The Government considers that this issue could be addressed if there was 
greater transparency around such contracts and better information, advice and guidance for 

Consultation: zero hours employment contracts 
 
6
individuals and businesses. 
7. To address exclusivity clauses in zero hours contracts, the Government is seeking views on 
the following options:  
 Legislating to ban the use of exclusivity clauses in contracts that offer no guarantee of 
work;  
 Government issuing guidance on the fair use of exclusivity clauses;  
 Encouraging the production of an employer-led Code of Practice on the fair use of 
exclusivity clauses, with an additional option to seek Government sponsorship of that 
Code; or 
 Rely on existing common law redress which enables individuals to challenge exclusivity 
clauses. 
8. To improve transparency over zero hours contracts, the Government is seeking views on: 
 Improving the content and accessibility of information, advice and guidance;  
 Encouraging a broader, employer-led Code of Practice which covers the fair use of zero 
hours contracts generally; and  
 Whether and how Government could produce model clauses for zero hours contracts.  
9. This consultation will be of interest to employers and individuals, legal representatives and 
other intermediaries who advise employers, trades unions and employment agencies. 
Details on how to respond are provided in Annex 3.  
10. After considering the responses, the Government will publish a formal response to the 
issues identified through this consultation, including information on what further action 
Government intends to take. 

Consultation: zero hours employment contracts 
 
7
2. What is a zero hours contract? 
This section outlines how zero hours contracts are typically used and their legal status. 
It describes the employment rights that individuals on zero hours contracts are entitled 
to.  
What is a zero hours contract? 
11. There is no legal definition of a zero hours contract in domestic law. In general terms a zero 
hours contract is an employment contract in which the employer does not guarantee the 
individual any work, and the individual is not obliged to accept any work offered.  
12. The following is an example of a clause in a zero hours contract which does not guarantee 
a fixed number of hours work per week: 
“The Company is under no obligation to provide work to you at any time and you are under no 
obligation to accept any work offered by the Company at any time.” 
13. Such contracts are legal under domestic law. If they are freely entered into, a zero hours 
contract is a legitimate form of contract between individual and employer. As detailed in the 
next section, individuals on zero hours contracts work in sectors across the economy, and 
in occupations throughout the pay range.  
What employment rights does an individual on a zero hours contract have? 
14. An erroneous view is that individuals who work under zero hours contracts have no 
protection under domestic employment law, or that they cannot be an employee.  
15. However, the employment rights which an individual will have depend on his or her 
employment status. There are broadly three categories of employment status: (i) employee 
(and employee shareholder), (ii) worker and (iii) self-employed. It is likely that the majority of 
individuals on zero hours contracts are either employees or workers. A fuller discussion of 
employment statuses and their definition is provided in Annex 2. Table 1 overleaf 
demonstrates some of the employment rights enjoyed by individuals in each employment 
status. 

Consultation: zero hours employment contracts 
Table 1: Employment Rights 
 
Employment status  
Employee 
(incl. full/ 
part time & 
fixed term 
contracts) 
Employment right 
associated with each 
status 
Employee 
shareholder 
(incl. full/ part 
time & fixed 
term contracts) 
Worker  
(incl. agency 
workers, 
contractors, 
freelancers) 
Self-
employed 
(incl. 
freelancers, 
consultants, 
contractors) 
National Minimum Wage 
 
 
 
 
Protection from 
unlawful deductions 
from wages 
 
 
 
 
Paid annual leave 
 
 
 
 
Maternity, Paternity, 
Adoption leave and pay 
 
 
 
 
Part-time status (no 
less favourable 
treatment) 
 
 
 
 
Fixed-term status (no 
less favourable 
treatment) 
 
 
 
 
Rest breaks 
 
 
 
 
Right to request flexible 
working 
 
 
 
 
Right to request time to 
train (companies over 
250 employees) 
 
 
 
 
Protection from 
discrimination 
 
 
 
 
Minimum notice periods 
 
 
 
 
Collective redundancy 
consultation 
 
 
 
 
Statutory redundancy 
pay 
 
 
 
 
Protection from unfair 
dismissal (gained after 
2 years in continuous 
employment) 
 
 
 
 
Protection from unfair 
dismissal (automatically 
unfair) 
 
 
 
 
TUPE 
 
  
 
 
 
 
 
8

Consultation: zero hours employment contracts 
3. Evidence on the use of zero hours 
contracts 
This section sets out the evidence on how zero hours contracts are used in the labour 
market. It outlines the process and results of the Government’s information gathering 
exercise on zero hours contracts undertaken over the summer. From this exercise the 
Government has identified key advantages and concerns over the current use of zero 
hours contracts. 
How many zero hours contracts are used in the labour market, and by whom? 
Estimates for the fourth quarter of 2012 suggest 250,000 individuals were on zero hours 
contracts (0.8% of total employment)1. Chart 1 shows the prevalence of zero hours contracts in 
the past 12 years. Other estimates for the total number of zero hours contracts in the labour 
market include a CIPD calculation which suggests there could be around 1 million2. The 
difference in estimates reflects different survey methodologies. Given the limited data available 
on this issue, in October the Office of National Statistics (ONS) agreed to the Business 
Secretary’s proposal for a cross-Government working party to assess the strengths and 
weaknesses of statistics on zero hours contracts. The group will develop the ONS business 
statistics on zero hours contracts, and the combined presentation of these data and Labour 
Force Survey data to ensure the strength and quality of each data set. 
Chart 1: Individuals on zero hours contracts as a proportion of total employment  
0.0%
0.1%
0.2%
0.3%
0.4%
0.5%
0.6%
0.7%
0.8%
0.9%
Q4
2000
Q4
2001
Q4
2002
Q4
2003
Q4
2004
Q4
2005
Q4
2006
Q4
2007
Q4
2008
Q4
2009
Q4
2010
Q4
2011
Q4
2012
Source: BIS estimates based on Labour Force Survey data
 
                                            
 
9
1 ONS, Estimating zero hours contracts from the Labour Force Survey, July 2013. 
2 CIPD/YouGov survey of HR professionals for Labour Market Outlook, August 2013. 

Consultation: zero hours employment contracts 
Individuals on zero hours contracts work across the economy, with a particular focus upon public 
services, and in distribution, accommodation and food services industries. Chart 2 shows the 
distribution of individuals on zero hours contracts by sector.  
Chart 2: Estimates from Labour Force Survey of the proportion of those on zero hours contracts 
by broad sector 
0%
5%
10%
15%
20%
25%
30%
35%
production
construction
distribution,
accommodation
and food
services
transport,
information,
finance and real
estate
business
services
public services other services
of w hich:
charity,
voluntary
organisation,
trust
Source: BIS estim ates from  Labour Force Survey
 
Survey data from the Workplace Employment Relations Study (WERS) found that the largest 
increase in the proportion of workplaces using zero hours contracts between 2004 and 2011 
was in the hotel and restaurant sector3. Other relatively large increases were in the education 
sector and the health sector.   
The available evidence suggests that zero hours contracts are used by individuals throughout 
the income distribution. For example the Labour Force Survey suggests that around 31% of 
those on zero hours contracts in Q4 2012 worked in elementary occupations (for example 
construction or cleaning) and around 20% worked in professional or associate professional or 
technical occupations. 
                                            
 
10
3 Workplace Employment Relations Study 2011, first findings: underlying data - part 1, Department for Business 
Innovation and Skills, 23 January 2013. 

Consultation: zero hours employment contracts 
The available research suggests that zero hours contracts are used by businesses of all sizes, 
but with a greater concentration among larger businesses. Research conducted by the Institute 
of Directors (IoD) based on a survey of 1,027 of their members found 11% of respondents were 
currently using zero hours contracts for some of their workforce4. When this figure is broken 
down by the size of the business responding, the survey found that 7% of small employers, 14% 
of medium and 20% of large businesses were using zero hours contracts for some of their 
workforce. 
In terms of the actual hours worked by those on zero hours contracts, the LFS data in Chart 3 
shows that the average ‘usual weekly hours’ worked under zero hours contracts has declined 
from over 30 to in the range of 21 - 25 hours. This suggests that though the number of 
individuals on zero hours contracts has increased, the total employment hours worked under 
such contracts may not have.  
Chart 3: Estimates from Labour Force Survey of the median usual weekly hours worked by 
individuals on zero hours contracts 
15
17
19
21
23
25
27
29
31
33
Q4
2000
Q4
2001
Q4
2002
Q4
2003
Q4
2004
Q4
2005
Q4
2006
Q4
2007
Q4
2008
Q4
2009
Q4
2010
Q4
2011
Q4
2012
Source: BIS estim ates from  the Labour Force Survey
Usual
 weekly
 hours
 worked
 
                                            
 
11
4 Private survey conducted by the Institute of Directors 

Consultation: zero hours employment contracts 
 
12
Furthermore, the Survey5 found that only 30% of individuals on zero hours contracts worked 
their usual hours in a particular reference week. Of the rest, close to 50% experienced variation 
in hours of up to 10 hours. Slightly more individuals experienced a reduction on usual hours than 
an increase. A CIPD survey of individuals, conducted in Autumn 20136, indicates that seven in 
ten individuals on zero hours contracts have either some or a lot of choice over the number of 
hours they work. However, over a third would like to work more hours than they typically do in an 
average week. 
The Government’s information gathering exercise on the use of zero hours 
contracts 
The Government undertook an information gathering exercise over summer 2013 to build further 
evidence on employers and individuals’ experience of zero hours contracts. This exercise 
identified both advantages and disadvantages in how zero hours contracts are used in the 
labour market.  
For employers, the advantages of zero hours contracts include:  
 Flexibility. Zero hours contracts allow businesses to hire staff while being able to adapt 
to changes in demand, for example offering more work when new orders arrive and 
being able to scale back when they do not. Furthermore, zero hours contracts are used 
by businesses to increase the range of services offered – such as creating specialist 
roles or having staff available in different geographical locations that their permanent 
staffing model could not provide. 
 Supporting expansion plans. This flexibility also allows businesses to grow, with 
limited risk in terms of recruiting permanent staff if they find that the additional services 
they planned were not taken up. On the other hand if expansion is successful zero hours 
contracts provide a pathway to full-time or guaranteed hours work.  
 Retention of skills. Zero hours contracts allow businesses to retain the skills and 
experience of staff who might wish to partially retire or who have retired. An employer 
may have made a significant investment in the individual, through training for example. 
 Knowledge of the company and its culture. Businesses can also retain a pool of 
trained and skilled staff, who know the culture of the business and its procedures, rather 
than agency staff who may not. 
                                            
5 BIS estimates from the 4th quarter 2012 Labour Force Survey dataset. 
6 CIPD, employee survey for Labour Market Outlook, published 26 November 2013 

Consultation: zero hours employment contracts 
 
13
The information gathering exercise also identified a number of advantages for some 
individuals, which include:  
 Greater choice. Zero hours contracts allow individuals a greater say over when, where 
and how much they work. For example, an individual may wish to take on a range of 
roles or to be able to flex their working hours around their other commitments or 
interests. A further CIPD survey of individuals on zero hours contracts7 found that 47% 
of individuals on zero hours contracts were 'very satisfied' or 'satisfied' with having no 
guaranteed hours, compared to 27% being 'very dissatisfied' or 'dissatisfied'. Of those 
respondents who were happy with a zero hours contract, the key reason was the 
flexibility over their hours of work. Furthermore, 72% of all respondents believed they 
had 'a lot' or 'some' choice over the number of hours they worked. 
 Opportunities to enter the labour market and a pathway to other forms of 
employment. Zero hours contracts allow young people, particularly students, to enter 
the labour market. For individuals who can not yet work full time, this type of flexible 
employment helps them gain workplace skills and experience at the same time as 
studying. In the same way as part time working, this initial experience is vital in helping 
individuals progress their career, and can provide a pathway onto other forms of 
employment contract when opportunities arise within the business. 
 Flexible retirement plans. Zero hours contracts also allow individuals to consider a 
greater range of options for their retirement. They can offer flexibility for partially retired 
or retired individuals to remain connected to the labour market with occasional work, 
which provides them with an income and a wider range of work interests to pursue.  
What issues with zero hours contracts have been identified?  
The information gathering exercise also heard views that zero hours contracts have not been 
used as intended and that they can be misused to exploit individuals. Two key concerns were 
identified: 
 Exclusivity. A small number of individuals on zero hours contracts are prevented from 
working for another employer. For example, the CIPD survey found that 9% of 
individuals on zero hours contracts are never allowed to work for another employer 
when their primary employer has no work available for them8. It is clear that, in some 
circumstances, exclusivity clauses are useful and justifiable. For example, an individual 
may be entrusted with confidential commercial information which would make it 
problematic should that person choose to work with a competitor business at the same 
time. However, there is not always a clear or obvious reason why this should be part of 
the employment contract. This is particularly difficult given the individual is not 
guaranteed a certain number of hours work under a zero hours contract. Without a valid 
justification, such clauses undermine the choice and flexibility for the individuals 
concerned.  
                                            
7 CIPD, employee survey for Labour Market Outlook, published 26 November 2013 
8 CIPD, employee survey for Labour Market Outlook, Autumn 2013, published 26 November 2013 

Consultation: zero hours employment contracts 
 
14
 Transparency. The information gathering exercise heard that individuals were not 
always aware they are employed on a zero hours contract, or that there was a possibility 
they could be offered no work or ‘zero hours’. In some cases employers did not make 
this clear when advertising or interviewing people for jobs, or in the employment contract 
itself. Furthermore, some employers may not fulfil, or understand, their responsibilities 
towards individuals they employ on a zero hours contract in terms of their employment 
rights. There may be employers who deliberately evade these obligations. For example 
the CIPD survey found that 20% of individuals on zero hours contracts reported they 
were ‘always’ or ‘sometimes’ penalised in some way by their employer if they are not 
available for work when required9. 40% of respondents to the CIPD survey also said 
they had ‘no notice’ when no further work was available from their employer, and 42% of 
respondents reported they had ‘up to 12 hours’ notice when work was available10. In 
some cases this can result in financial difficulties, and possible overpayment or 
underpayment of welfare benefits to the individual.  
An additional issue that was highlighted during the information gathering exercise was of 
individuals who reported they had no say in their employment contract, and had no or limited 
dialogue with their employer. Particular examples involved individuals being asked to work at 
very short notice, which did not allow them to plan ahead, for example, to arrange childcare.  
The examples provided by respondents were however based on poor management practices, 
which is not exclusively a zero hours contracts issue.  
By trying to ensure that both the employer and the individual are well informed and understand 
their obligations and rights, the employment relationship can be more evenly balanced. Possible 
means of achieving this outcome are discussed in the following section.  
Payment for travel time for individuals on zero hours contracts  
The information gathering exercise also received representations on the use of zero hours 
contracts in the care sector, particularly around the non-payment of travel time. The Government 
is examining ways to tackle any abuse of these rules through strengthened enforcement of 
existing National Minimum Wage regulations, which will include responding to concerns over the 
payment of travel time. 
The minimum wage rules generally require that time spent travelling between care assignments 
counts as time worked for minimum wage purposes. The minimum wage should therefore be 
paid for this time. However, any rest breaks taken in travelling between one assignment and 
another does not count as time worked. 
The time spent travelling between home and the first assignment and between the last 
assignment and home does not count as time worked for minimum wage purposes (unless the 
contract specifies that these periods are working time). 
Where the travelling time is time for which the minimum wage should be paid, any associated 
expenditure incurred by a worker by that travelling is classified as being in connection with the 
employment. These expenses reduce a worker’s pay for minimum wage purposes. A worker 
                                            
9 CIPD, employee survey for Labour Market Outlook, Autumn 2013, published 26 November 2013  
10 CIPD, employee survey for Labour Market Outlook, Autumn 2013, published 26 November 2013  
 

Consultation: zero hours employment contracts 
 
15
paid at minimum wage rates would therefore need to be reimbursed such expenses in order to 
be paid the minimum wage. 

Consultation: zero hours employment contracts 
 
16
4. Issues for consultation 
This section takes each of the main concerns over the use of zero hours contracts, and 
discusses possible options for addressing them. It seeks views on those options, 
particularly the costs and benefits of pursuing them, and any other options the 
Government should consider. At this stage, the Government has no preferred approach. 
The Government will use this evidence to further consider these options and decide its 
approach.   
The Government’s labour market strategy 
The Government’s vision is for a labour market that is flexible, effective and fair. There is a risk 
that the issues identified by the information gathering exercise could undermine this vision and 
undermine the valuable role zero hours contracts can play in the economy. 
The Government has identified a range of possible actions that could be taken to address these 
problems, which are discussed below. Our aim through this consultation is to find which options 
best prevent any abuse of zero hours contracts while maximising the opportunity and flexibility 
such contracts can present.  
The Government’s labour market strategy is based upon individuals and employers being able 
to agree mutually their ways of working. This ensures flexibility and gives the greatest chance for 
individuals and employers to find the arrangements that work best for them. To aid this process, 
the Government’s role is to encourage transparency over the rights and obligations of each 
party, and to provide a framework of employment law that supports employers and individuals to 
discuss and mutually agree employment contracts.   
Addressing exclusivity 
In some circumstances, exclusivity clauses are useful and justifiable. For example, an individual 
may be entrusted with confidential commercial information which would make it problematic 
should that person choose to work with a competitor business at the same time. However in 
other circumstances reported to the information gathering exercise, it is harder to see how 
exclusivity is justified. In these circumstances, exclusivity acts as a limitation upon the flexibility 
of the employee and, if no work is forthcoming, means they have no other means of 
employment.  
It is not unlawful for an employer to insert an exclusivity clause in an employment contract – but 
the individual must agree to it. An exclusivity clause must be no more than is adequate to protect 
the employer’s legitimate business interests and the employer must therefore be able to justify it. 
It is already possible for an individual to challenge an exclusivity clause – either informally during 
the process of agreeing the employment contract or under common law. A key consideration 
therefore is the degree to which individuals already feel informed, empowered and able to 
withhold their agreement to such a clause. The Government welcomes views from consultees 
on whether this is the case, or whether any of the following options would help support 
individuals and reduce the misuse of exclusivity clauses.  

Consultation: zero hours employment contracts 
 
17
The Government wishes to consider four broad options to address misuse of exclusivity clauses, 
and seeks views on the costs and benefits of them. These options are:  
 Legislating to ban the use of exclusivity clauses in contracts that offer no 
guarantee of work. Under this option, the Government would consider how it would be 
possible to ban exclusivity clauses in contracts that offer no guarantee of work. A ban 
would prevent any individual having an exclusivity clause included in their zero hours 
contract. A key consideration is whether an outright ban might make any jobs which 
legitimately need an exclusivity clause unviable, and thus prevent such jobs being 
created at all.  
 Government issuing guidance on the fair use of exclusivity clauses in 
employment contracts. Issuing guidance would provide an alternative to an outright 
ban, thus allowing some scope for exclusivity clauses in circumstances when they are 
justified. The Government welcomes perspectives on what guidance should include. 
Guidance might, for example, set out broad scenarios when an exclusivity clause is or is 
not suitable.  
 An employer-led Code of Practice on the use of exclusivity clauses, with an 
option of Government sponsorship of the Code. Under this option, the Government 
would encourage employers and employer representatives, possibly by sector, to 
produce Code(s) of Practice themselves. The Code would outline what is fair use of zero 
hours contracts, and what is not. The Government welcomes views on whether and how 
Government should endorse the Code. The Government also welcomes views on how 
best a Code would capture the views of individuals and employee representatives.  
 Rely on existing redress available through common law which allows individuals 
to challenge exclusivity clauses. Individuals already have a legal route to challenge 
exclusivity clauses. We welcome views on whether this is sufficient and whether 
introducing Government action through any of the options above would undermine 
business flexibility and individual choice.  
Improving the transparency of zero hours contracts 
The information gathering exercise found evidence that some individuals were unclear on their 
employment rights while on a zero hours contract, or even the terms or consequences of their 
zero hours contract. This could have the knock-on effect of creating uncertainty over the 
individual’s future earnings and benefit entitlement (because benefit entitlement and payments 
vary according to earnings), particularly if an individual has irregular hours of work. There was 
also some further evidence provided suggesting that employers did not know, or understand, the 
employment rights their staff were eligible for.  
Regarding benefits, the introduction of Universal Credit will help to address uncertainty. It is an 
integrated in - and out - of work benefit, so people who move into work will continue to be 
entitled, until they earn enough to come off benefits completely. Universal Credit will be based 
on real time information about how much people earn, so there is a much lower risk of any over - 
or under - payment. Universal Credit claimants with no or low earnings may be required to carry 
out activity to help them find work or more work. Any decision on that activity could include an 
assessment of the likelihood that a zero hours contract provides for increased earnings in future 
months. 

Consultation: zero hours employment contracts 
 
18
The Government will consider several options aimed at improving transparency around zero 
hours contracts. These include:  
 Improving the content and accessibility of information, advice and guidance on 
(a) employment contracts and rights, and (b) entitlement of zero hours workers to 
benefits. The Government is seeking views on whether existing information is sufficient 
in explaining to individuals their rights under zero hours contracts and their benefits 
entitlement. Additional resources could include online tools to calculate statutory leave, 
sick pay or redundancy; guidance on drawing up employment contracts; or simplified 
guides to employment rights under various employment statuses. The Government is 
also interested in the most effective way of communicating this information.  
 Encouraging an employer-led Code of Practice on the fair use of zero hours 
contracts. There is a role for employers to explain clearly to would-be staff the terms of 
the proposed zero hours contract. Building on the option discussed in paragraph 38 
above, such a Code of Practice would encompass all best practice associated with zero 
hours contracts. It could, for example, outline the circumstances in which zero hours 
contracts are valuable, best practice in explaining in job adverts and to job applicants 
what the contract is likely to include, and what the employers’ role is in communicating 
clearly to individuals hired on zero hours contracts the details of their employment 
particulars. The Government welcomes views on whether and how Government should 
‘sponsor’ the Code.  
 Government providing model clauses for zero hours contracts. Further to providing 
guidance on best practice in drawing up employment contracts (see first bullet point 
above) the Government would seek to develop a standard template for clauses in a zero 
hours contract. This would provide the basic clauses for an employment contract which 
an employer could choose to adopt and modify to tailor the clauses to the post they wish 
to fill – or the employer could choose to disregard the model clauses and produce their 
own contract. The format of the contract could include a simple ‘key facts’ section at the 
top of the contract to help individuals understand clearly the key terms within the 
contract. Simplified and consistent contracts may also save employers time and money 
in drawing up contracts, and make their obligations under the contract easier to 
understand.    
 

Consultation: zero hours employment contracts 
 
19
5. List of consultation questions 
Confidentiality and disclosure of response 
The Department may, in accordance with the Code of Practice on Access to Government 
Information, make available, on public request, individual responses. If you wish your response 
to remain confidential you must provide a reason. Do you agree for your response to be 
published or disclosed if requested? 
 
 Yes 
 No    If no you must give a reason       
Addressing exclusivity 
Question 1 
Are there circumstances in which it is justifiable to include an exclusivity clause in a zero hours 
contract? If you answer yes, please describe the circumstances that justify such a clause.  
Question 2 
Do you think the Government should seek to ban the use of exclusivity clauses in employment 
contracts with no guarantee of work?  
Question 3 
Do you think an outright ban on exclusivity clauses in employment contracts with no guarantee 
of work would discourage employers from creating jobs? Are there any other unintended 
consequences of Government action that should also be considered?   
Question 4 
Do you think Government should provide more focused guidance on the use of exclusivity 
clauses, for example setting out commonly accepted circumstances when they are justified and 
how to ensure both parties are clear on what the clause means? If you answer yes, what 
information should be included?  
Question 5 
Would a Code of Practice setting out fair and reasonable use of exclusivity clauses in zero hours 
contracts (a) help guide employers in their use, and (b) help individuals understand and 
challenge unfair practices? Please explain your response.  

Consultation: zero hours employment contracts 
 
20
Question 6 
Do you think existing guidance and common law provision are sufficient to allow individuals to 
challenge exclusivity clauses and therefore no specific action from Government is required?  
Improving the transparency of zero hours contracts 
Question 7 - Improving the transparency of zero hours contracts  
If you have sought employment information, advice, or guidance on zero hours contracts before, 
(a) where did you receive it from, (b) how helpful was it to you in terms of explaining your 
position in regard to zero hours contracts, and (c) how could it have been improved?   
Question 8 
Would the additional information, advice and guidance suggested in the first option (first bullet 
point, para 41), help individuals and business understand their rights and obligations? If not, 
what other information should Government provide?   
Question 9 
Further to your answer to Question 5, would a broader employer-led Code of Practice covering 
all best practice on zero hours contracts encourage more transparency?  
Question 10 
Do you think that model clauses for zero hours contracts would assist employers in drawing up 
zero hours contracts, and support employers and individuals to better understand their 
employment rights and obligations? If you answer yes, what should be the key considerations be 
in producing model clauses?  
Question 11 
Do you think that existing employment law, combined with greater transparency over the terms 
of zero hours contracts, is the best way of ensuring individuals on zero hours contracts are 
making informed choices about the right contract for them to be on?  
Question 12 
Further to your answer to Question 11, do you think there is more employers can do to inform 
individuals on zero hours contracts what their rights and terms are?  
Question 13 
Are there unintended consequences of introducing any of these options? Please explain your 
response.  
 
 
 

Consultation: zero hours employment contracts 
 
21
Annexes 
Annex 1: Additional questionnaire on zero hours contracts 
Questions for employers 
Question 14 
Do you use zero hours contracts in your business and if so, for what purpose? 
Question 15 
Have you offered a job on a zero hours contract basis that includes an exclusivity clause? If so, 
for what reason? 
 
Question 16 
Are you aware of staff you employ on a zero hours contract who work for other employers? 
 
Question 17 
Do you offer staff on a zero hours contract training or opportunities to develop their skills? Is 
this usually just at the start of the contract or do you offer training opportunities throughout the 
employment relationship? 
 
Question 18 
How many hours – on average – do you offer individuals on a zero hours contract in a week or 
month? 
 
Question 19 
Do you let individuals have a choice or say in how many hours or when they work? 
 
Question 20 
What is your policy when an individual declines hours of work you offer? 
 
Question 21 
Do you employ any individuals on a zero hours contract who work a pattern of regular hours? If 
so: i) how many hours a week and for what period of time? ii) why do you employ that 
individual on a zero hours contract basis? 
 
Question 22 
How much notice do you give an individual if the number of hours they work will decrease or 
drop off to zero? 
 
 
 
 

Consultation: zero hours employment contracts 
 
22
Question 23 
If you offer additional hours of work – how much notice do you give the individual? And how 
e.g. phone call? 
 
Question 24 
Do you understand what employment rights an individual is entitled to when employed on a 
zero hours contract? If so: i) what do you believe they are? ii) did you explain these to the 
individual? iii) how did you find out?  
 
Question 25 
How do you calculate paid annual leave for an individual on a zero hours contract? 
 
Question 26 
When you advertise or recruit on a zero hours contract basis: i) do you explain the implications 
of this type of contract: ii) at what stage do you make it clear that there is no guarantee of a 
minimum hours of work? 
 
Questions for individuals 
Question 27 
Have you accepted a job on a zero hours contract basis that has included an exclusivity 
clause? What was the job and what reason was given for including an exclusivity clause? 
 
Question 28 
If you are employed on a zero hours contract – do you have more than one employer or 
contract? 
 
Question 29 
Has being employed on a zero hours contract helped you to achieve a good balance between 
your work life and home life? Was this a factor in accepting a job on this basis? 
 
Question 30 
If employed on a zero hours contract, has your employer offered you training or opportunities to 
develop your skills? Was this at the start of the contract or have you had training opportunities 
further into your employment? 
 
Question 31 
How many hours – on average – do you work in a week or month? 
 
Question 32 
Do you have a choice or say in how many hours or when you will work? 
 
Question 33 
Would you like to work more hours than your employer currently offers you? If not – why? 
 
 

Consultation: zero hours employment contracts 
 
23
Question 34 
Have you worked a pattern of regular hours whilst on a zero hours contract? If so how many 
hours a week and for what period of time? 
 
Question 35 
If you work a regular pattern of hours under a zero hours contract, how much notice do you 
receive if the number of hours decrease or drop off to zero? 
 
Question 36 
If your employer offers additional hours of work – how much notice do you receive? 
 
Question 37 
Are you given a choice to accept, decline, or negotiate the hours your employer offers you? 
 
Question 38 
Do you feel you have a choice to accept, decline, or negotiate the hours your employer offers 
you? 
 
Question 39 
If you have ever declined any hours of worked offered to you, did your employer subsequently 
stop offering you work, or reduce the number of hours offered? 
 
Question 40 
As a zero hours contract member of staff, do you know if your rate of pay is the same or 
different compared to staff working on guaranteed hours contracts doing a similar job? 
 
Question 41 
Do you understand what employment rights you are entitled as someone employed on a zero 
hours contract? If so – i) what do you believe they are? ii) did your employer explain? iii) how 
did you find out?  
 
 
 

Consultation: zero hours employment contracts 
 
24
Annex 2: Further information on employment statuses
An ‘employee’ means an individual who has entered into or works under a contract of 
employment (sometimes known as a contract of service). There are various factors which 
a court considers to decide whether an individual is an employee. The individual’s contract 
will be the starting point for determining the nature of the parties’ relationship. However, a 
court will also consider all the circumstances of the relationship created by the agreement.  
There is no one single test to determine employee status. A multiple test has developed in 
case law11 and it is well founded that the three key tests for determining the existence of a 
contract of service are:  
(i) Mutuality of obligation – the employer is obliged to provide work which the individual is 
required to undertake for a wage; 
(ii) Personal service – the individual must provide personal service (i.e. not send a 
substitute to work in their place); and 
(iii) Control – the employer exercises a degree of control over the individual and the way 
in which that individual undertakes his/her work. 
This test will not necessarily be determinative of employment status, as other factors might 
suggest that there is no employment relationship.  
A ‘worker’ generally means an individual who has a contract or other arrangement to do 
work or services personally for a reward. This category is often perceived as a hybrid of 
employee and self-employed status. ’Workers’ have fewer protections than ‘employees’ in 
domestic employment law. All ‘employees’ are ‘workers’. However not all ‘workers’ will be 
‘employees’.  
A person is self-employed if they are in business for themselves. It is unlikely that a self-
employed person is required to provide personal service to a company or that either party 
will be obliged to offer or accept work. Self-employed persons are also responsible for their 
own tax. Employment legislation does not generally cover self-employed people because 
they are, in effect, their own boss (although there are some exceptions).  
The fact that a contract includes a clause which states that the individual is neither an 
employee nor a worker will not necessarily be determinative of the individual’s employment 
status. A court can disregard the written terms in an employment contract if they do not 
accurately reflect the true agreement of the parties.12  
                                            
11 Ready-Mixed Concrete (South East) Limited v The Minister of Pensions and National Insurance [1968] 2 
QB 497 
12 Autoclenz Ltd v Belcher and others [2011] IRLR 820 (SC) 

Consultation: zero hours employment contracts 
 
25
There have been misconceptions that an individual working under a zero hours contract 
can never be an employee. This is incorrect. There is case law from the Employment 
Appeal Tribunal (EAT) which considered the employment status of nurses who worked 
rostered hours under a ‘zero hours contract agreement’ providing critical care services.13 
The EAT held that the written contracts did not reflect the true position between the 
parties. The nurses had worked fixed hours on a regular basis for several years rather 
than on an ad hoc basis. The EAT held that the nurses were employed under global 
contracts of employment and there was no difficulty in showing their continuity of 
employment. 
                                            
13 Pulse Healthcare Ltd v Carewatch Care Services Ltd & Others [UKEAT/0123/12/BA]  

Annex 3: How to respond to this consultation 
We invite views on all the issues discussed in this consultation document. We particularly 
welcome responses to the specific questions which are raised in each section. It is not 
necessary to respond to all the questions; you are welcome to provide answers only to 
those issues of most interest or relevance to you. 
This consultation will run for 12 weeks and the closing date for responses is 13 March 
2014. 
When responding please, state whether you are responding as an individual or 
representing the views of an organisation. If you are responding on behalf of an 
organisation, please make it clear who the organisation represents by selecting the 
appropriate interest group on the consultation form and, where applicable, how the views 
of members were assembled. 
You can reply to this consultation online at survey monkey. The consultation response 
form is available electronically on the consultation page: 
https://www.gov.uk/government/consultations/ (until the consultation closes). The form can 
be submitted online/by email or by letter or fax to: 
Name: Paula Lovitt MBE 
Team: Employment Status and Employment Contracts Team 
Department of Business, Innovation and Skills 
Postal address: Labour Market Directorate, 3rd Floor, Abbey 1, 1 Victoria Street, London, 
SW1H 0ET 
 
Tel: xx-xxxx-xxxx 
Fax: xx-xxxx-xxxx 
 
Email xxx@xxx.xx  
Alternative formats of this document are available on request. 
Help with queries 
Questions about the consultation process and the issues raised in the document can be 
addressed to: 
 
Email: xxx@xxx.xx   
 

Consultation: zero hours employment contracts 
 
27
Annex 4: Further information about the consultation 
Data protection and confidentiality 
 
Information provided in response to this consultation, including personal information, may 
be subject to publication or release to other parties or to disclosure in accordance with the 
access to information regimes (these are primarily the Freedom of Information Act 2000 
(FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information 
Regulations 2004. If you want information, including personal data that you provide to be 
treated as confidential, please be aware that, under the FOIA, there is a statutory Code of 
Practice with which public authorities must comply and which deals, amongst other things, 
with obligations of confidence.  
In view of this it would be helpful if you could explain to us why you regard the information 
you have provided as confidential. If we receive a request for disclosure of the information 
we will take full account of your explanation, but we cannot give an assurance that 
confidentiality can be maintained in all circumstances. An automatic confidentiality 
disclaimer generated by your IT system will not, of itself, be regarded as binding on the 
Department. 
Principles of consultation 
 
The principles that Government departments and other public bodies should adopt for 
engaging stakeholders when developing policy and legislation are set out in the 
consultation principles.  
http://www.cabinetoffice.gov.uk/sites/default/files/resources/Consultation-Principles.pdf 
Comments or complaints on the conduct of this consultation 
If you wish to comment on the conduct of this consultation or make a complaint about the 
way this consultation has been conducted, please write to: 
John Conway 
BIS Consultation Co-ordinator 
1 Victoria Street 
London 
SW1H 0ET  
 
Telephone John on xx-xxxx-xxxx 
or e-mail to: xxx@xxx.xx  
  

Consultation: zero hours employment contracts 
 
28
 
Annex 5: Consultation Response form 
 
 
CONSULTATION: zero hours employmentscontract : Response form  
 
A copy of the Consultation: zero hours employment contracts can be found at: 
  
https://www.gov.uk/government/consultations/  
 
You can complete your response online through Survey Monkey 
 
Alternatively, you can email, post or fax this completed response form to:  
Email: xxx@xxx.xx 
Postal Address: 
 
Paula Lovitt MBE 
Employment Status and Employment Contracts Team 
3rd floor 
Department for Business, Innovation and Skills 
1 Victoria Street 
London SW1H 0ET 
Tel:  xx-xxxx-xxxx 
Fax: xx-xxxx-xxxx 
 
The Department may, in accordance with the Code of Practice on Access to Government 
Information, make available, on public request, individual responses. 
 
The closing date for this consultation is: 13 March 2014

Consultation: zero hours employment contracts: response form 
 
29
Confidentiality & Data Protection  
Please read this question carefully before you start responding to this consultation. The 
information you provide in response to this consultation, including personal information, may be 
subject to publication or release to other parties. If you do not want your response published or 
released then make sure you tick the appropriate box?  
  Yes, I would like you to publish or release my response 
   No, I don’t want you to publish or release my response 
If no you must give a reason       
Your details 
Name:       
Organisation (if applicable):       
Address:       
Telephone:       
 
Fax:       
 
Please tick the boxes below that best describe you as a respondent to this consultation 
 
 
Business representative organisation/trade body 
 
 
Central government 
 
 
Charity or social enterprise 
 
 
Individual 
 
 
Large business ( over 250 staff) 
 
 
Legal representative 
 

Consultation: zero hours employment contracts: response form 
 
30
 
Local government 
 
 
Medium business (50 to 250 staff) 
 
 
Micro business (up to 9 staff) 
 
 
Small business (10 to 49 staff) 
 
 
Trade union or staff association 
 
 
Other (please describe)       
Confidentiality and disclosure of response 
The Department may, in accordance with the Code of Practice on Access to Government 
Information, make available, on public request, individual responses. If you wish your response 
to remain confidential you must provide a reason. Do you agree for your response to be 
published or disclosed if requested? 
 
 Yes 
 No    
Addressing exclusivity 
Question 1 
 
Are there circumstances in which it is justifiable to include an exclusivity clause in a 
zero hours contract? If you answer yes, please describe the circumstances that justify 
such a clause.  
 
 Yes  
                      Please explain your response:       
 No 
 
 
 Not sure 
 
 
 
 
 
 
 

Consultation: zero hours employment contracts: response form 
 
31
Question 2 
 
Do you think the Government should seek to ban the use of exclusivity clauses in 
employment contracts with no guarantee of work? 
  
 Yes    
                    Please explain your response:       
 No 
 
 
 
 Not sure 
 
Question 3 
 
Do you think an outright ban on exclusivity clauses in employment contracts with no 
guarantee of work would discourage employers from creating jobs? Are there any other 
unintended consequences of Government action that should also be considered?  
  
 Yes 
                       Please explain your response:       
 No 
 
 
 
 Not sure 
 
Question 4 
 
Do you think Government should provide more focused guidance on the use of exclusivity 
clauses, for example setting out commonly accepted circumstances when they are justified and 
how to ensure both parties are clear on what the clause means? If you answer yes, what 
information should be included?  
 
 Yes  
                      Please explain your response:       
 No 
 
 
 
 Not sure 
 
 

Consultation: zero hours employment contracts: response form 
 
32
Question 5 
 
Would a Code of Practice setting out fair and reasonable use of exclusivity clauses in 
zero hours contracts (a) help guide employers in their use, and (b) help individuals 
understand and challenge unfair practices? Please explain your response.  
 
(a) 
 Yes 
 Yes, only with Government endorsement 
 
 No 
 Not sure 
 
(b) 
 Yes  
 Yes, only with Government endorsement 
 
 No 
 Not sure 
Please explain your response:       
 
Question 6 
 
Do you think existing guidance and common law provision are sufficient to allow 
individuals to challenge exclusivity clauses and therefore no specific action from 
Government is required?  
 
 Yes                       Please explain your response:       
 No 
 
 No 
 
 
Improving the transparency of zero hours contracts 
Question 7   
If you have sought employment information, advice, or guidance on zero hours contracts before, 
(a) where did you receive it from, (b) how helpful was it to you in terms of explaining your 
position in regard to zero hours contracts, and (c) how could it have been improved?   
 Very helpful 
 
 Helpful 
    
 No change       
 Not very helpful 
 
Please explain your response:      

Consultation: zero hours employment contracts: response form 
 
33
Question 8 
 
Would the additional information, advice and guidance suggested in the first option 
(first bullet point, para 41), help individuals and business understand their rights and 
obligations? If not, what other information should Government provide?   
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
 Not sure 
 
Question 9 
 
Further to your answer to Question 5, would a broader employer-led Code of Practice 
covering all best practice on zero hours contracts encourage more transparency?  
 
(a) 
 Yes 
 Yes, only with Government sponsorship 
 
 No 
 Not sure 
 
(b) 
 Yes  
 Yes, only with Government sponsorship 
 
 No 
 Not sure 
 
Please explain your response:       
 
Question 10 
 
Do you think that model clauses for zero hours contracts would assist employers in 
drawing up zero hours contracts, and support employers and individuals to better 
understand their employment rights and obligations? If you answer yes, what should be 
the key considerations be in producing model clauses?  
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
 Not sure 

Consultation: zero hours employment contracts: response form 
 
34
Question 11 
 
Do you think that existing employment law, combined with greater transparency over 
the terms of zero hours contracts, is the best way of ensuring individuals on zero hours 
contracts are making informed choices about the right contract for them to be on?  
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
 Not sure 
 
Question 12 
 
Further to your answer to Question 11, do you think there is more employers can do to 
inform individuals on zero hours contracts what their rights and terms are?  
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
 Not sure 
 
Question 13 
 
Are there unintended consequences of introducing any of these options? Please explain 
your response.  
Please explain your response:       
Questions for employers 
Question 14 
Do you use zero hours contracts in your business and if so, for what purpose? 
 
 Yes                      For what purpose:       
 
 No 
 
 
 

Consultation: zero hours employment contracts: response form 
 
35
Question 15 
Have you offered a job on a zero hours contract basis that includes an exclusivity clause? If so, 
for what reason? 
 
 Yes                      For what reason:       
 
 No 
 
 
 
Question 16 
Are you aware of staff you employ on a zero hours contract who work for other employers? 
 
 Yes 
                       
 No 
 
Question 17 
Do you offer staff on a zero hours contract training or opportunities to develop their skills? Is 
this usually just at the start of the contract or do you offer training opportunities throughout the 
employment relationship? 
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
Question 18 
How many hours – on average – do you offer individuals on a zero hours contract in a week or 
month? 
 
Zero hours contract in a week or month:       
 
Question 19 
Do you let individuals have a choice or say in how many hours or when they work? 
 
 Yes                       Please explain your response:       
 
 No 
 
 
 

Consultation: zero hours employment contracts: response form 
 
36
Question 20 
What is your policy when an individual declines hours of work you offer? 
 
Please explain your response:       
 
Question 21 
Do you employ any individuals on a zero hours contract who work a pattern of regular hours? If 
so: i) how many hours a week and for what period of time? ii) why do you employ that 
individual on a zero hours contract basis? 
 
 Yes                       Please explain your response:       
 
 No 
 
Question 22 
How much notice do you give an individual if the number of hours they work will decrease or 
drop off to zero? 
 
Please explain your response:       
 
Question 23 
If you offer additional hours of work – how much notice do you give the individual? And how 
e.g. phone call? 
 
Please explain your response:       
 
Question 24 
Do you understand what employment rights an individual is entitled to when employed on a 
zero hours contract? If so: i) what do you believe they are? ii) did you explain these to the 
individual? iii) how did you find out?  
 
Please explain your response:       
 
Question 25 
How do you calculate paid annual leave for an individual on a zero hours contract? 
 
Please explain your response:       
 
 
 

Consultation: zero hours employment contracts: response form 
 
37
Question 26 
When you advertise or recruit on a zero hours contract basis: i) do you explain the implications 
of this type of contract: ii) at what stage do you make it clear that there is no guarantee of a 
minimum hours of work? 
 
Please explain your response:       
 
Questions for individuals 
 
Question 27 
Have you accepted a job on a zero hours contract basis that has included an exclusivity 
clause? What was the job and what reason was given for including an exclusivity clause? 
 
 Yes                       Please explain your response:       
 
 No 
 
 
Question 28 
If you are employed on a zero hours contract – do you have more than one employer or 
contract? 
 Yes                       Please explain your response:       
 
 No 
 
Question 29 
Has being employed on a zero hours contract helped you to achieve a good balance between 
your work life and home life? Was this a factor in accepting a job on this basis? 
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
 
 
 
 
 
 

Consultation: zero hours employment contracts: response form 
 
38
Question 30 
If employed on a zero hours contract, has your employer offered you training or opportunities to 
develop your skills? Was this at the start of the contract or have you had training opportunities 
further into your employment? 
 
 Yes                       Please explain your response:       
 
 No 
 
Question 31 
How many hours – on average – do you work in a week or month? 
 
Please explain your response:       
 
Question 32 
Do you have a choice or say in how many hours or when you will work? 
 
 Yes                       Please explain your response:       
 
 No 
 
Question 33 
Would you like to work more hours than your employer currently offers you? If not – why? 
 
 Yes                       Please explain your response:       
 
 No 
 
Question 34 
Have you worked a pattern of regular hours whilst on a zero hours contract? If so how many 
hours a week and for what period of time? 
 
 Yes                       Please explain your response:       
 
 No 
 
 
 
 
 

Consultation: zero hours employment contracts: response form 
 
39
Question 35 
If you work a regular pattern of hours under a zero hours contract, how much notice do you 
receive if the number of hours decrease or drop off to zero? 
 
Please explain your response:       
 
Question 36 
If your employer offers additional hours of work – how much notice do you receive? 
 
Please explain your response:       
 
Question 37 
Are you given a choice to accept, decline, or negotiate the hours your employer offers you? 
 
 Yes                       Please explain your response:       
 No 
 
 
Question 38 
Do you feel you have a choice to accept, decline, or negotiate the hours your employer offers 
you? 
 
 Yes                       Please explain your response:       
 No 
 
 
Question 39 
If you have ever declined any hours of worked offered to you, did your employer subsequently 
stop offering you work, or reduce the number of hours offered? 
 
 Yes                       Please explain your response:       
 No 
 
 
 
 
 
 
 
 

Consultation: zero hours employment contracts 
 
40
Question 40 
As a zero hours contract member of staff, do you know if your rate of pay is the same or 
different compared to staff working on guaranteed hours contracts doing a similar job? 
 
 Yes                       Please explain your response:       
 No 
 
 
Question 41 
Do you understand what employment rights you are entitled as someone employed on a zero 
hours contract? If so – i) what do you believe they are? ii) did your employer explain? iii) how 
did you find out?  
 
Please explain your response:       
 
 

 
© Crown copyright 2013 
You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the 
Open Government Licence. Visit www.nationalarchives.gov.uk/doc/open-government-licence, write to the 
Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: 
xxx@xxx.xx. 
This publication is also available on our website at www.gov.uk/bis  
Any enquiries regarding this publication should be sent to: 
Department for Business, Innovation and Skills 
1 Victoria Street 
London SW1H 0ET 
Tel: xx-xxxx-xxxx 
 
If you require this publication in an alternative format, email xxx@xxx.xx, or call xx-xxxx-xxxx. 
 
BIS/13/1275