Zero-hours contract
A casual worker agreement with no guaranteed hours, doubling as the day-one written statement that workers have been entitled to since April 2020.
What's inside
- Two options for continuity between assignments
- Two ways of paying holiday pay
- The day-one written statement of particulars
- No exclusivity, which is unenforceable by law
Word document. Drafted by Lawyerly's commercial solicitors. Last updated September 2026.
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Casual work, and the two decisions the contract forces
A zero-hours contract is for genuinely casual work where the employer does not guarantee hours and the worker does not have to accept what is offered. Used for that, it is a sensible instrument. Used to describe someone who in practice works a regular pattern every week, it is a liability, because status is decided by what happens rather than by the heading on the document.
Clause 3: separate engagements, or an umbrella
The first decision, and the one that carries the consequences. Option 1 treats each assignment as a separate engagement with no continuity in between, which keeps the arrangement casual. Option 2 is an umbrella contract that keeps the engagement running between assignments, which is administratively tidier and makes it considerably more likely the worker is an employee, accruing continuous service and the rights that come with it. Choose knowingly.
Clause 9: how holiday pay is handled
Two options. Casual workers accrue holiday like anyone else, and getting the calculation wrong is one of the commonest and most expensive payroll errors in this area. Whichever option is used, it should match what payroll actually does, because a contract describing one method while the business operates another helps nobody.
It is also the written statement
Section 1 of the Employment Rights Act 1996 has required a written statement of particulars for workers, not just employees, since 6 April 2020, and it has to be given on or before the first day of work. This agreement is drafted to do that job, so it goes to the worker before they start rather than when someone gets round to it.
Exclusivity clauses do not work
A clause preventing a zero-hours worker from working for someone else is unenforceable, and a dismissal for breaching one is automatically unfair. The template does not contain one, and adding it back is not an option worth taking.
The law here is actively changing
The Employment Rights Act 2025 is reforming guaranteed hours, notice of shifts and payment for cancelled shifts, on a staged timetable. Those provisions will change what a casual arrangement can look like in practice, so check what is in force before issuing the agreement rather than relying on a template dated earlier in the year. Sick pay has already changed: statutory sick pay has been payable from the first day of absence since 6 April 2026, which matters more for casual staff than for anyone else.
If the arrangement runs for a long time, or the worker's status is unclear, our employment law and HR solicitors look at the working pattern as well as the contract. Where the pattern has become regular, a contract of employment is usually the honest document.
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Willem van der Merwe
Co-Founder
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Willem van der Merwe
Co-Founder
Willem co-founded Lawyerly after twenty years of running and advising businesses, most of which were spent as a client of law firms rather than a member of one. He had seen how legal advice tends to arrive: late, priced by the hour, and detached from the commercial decision that prompted it. Lawyerly grew out of a conviction that it could be done differently.
He read law and marketing at university and later completed MIT Sloan's executive programme in artificial intelligence and business strategy. His career before Lawyerly took in two advertising agencies, which he led through the industry's move to digital, several years in digital publishing, and a period in international development, working on programmes across South East Asia and Sub-Saharan Africa.
At Lawyerly he is responsible for growth and for the client experience, ensuring our clients receive the legal support they need.
Qualifications
BA Law; AI Business Strategy (MIT); Nomadic Marketing (UCT)