Zero-Hours Contract Discrimination Protection

Zero-hours contracts are commonly used in sectors such as hospitality, retail, social care, and logistics. These arrangements typically do not guarantee a minimum number of working hours, and work is offered on an as-needed basis. Despite this flexibility, individuals working under zero-hours contracts still benefit from core employment protections under UK law.

One of the most important protections is the right not to be discriminated against. Workers and employees on zero-hours contracts are protected under the Equality Act 2010 in the same way as other forms of worker. This means they are legally protected from unfair treatment based on specific personal characteristics, regardless of how irregular or limited their working hours may be.

Legal Status of Zero-Hours Contract Workers

A zero-hours contract does not define legal rights on its own. Instead, rights depend on employment status, which is generally one of the following:

• Employee
• Worker
• Self-employed (in limited genuine cases)

Most individuals on zero-hours contracts fall into either “worker” or “employee” categories. Both groups are protected from discrimination under the Equality Act 2010.

The Equality Act applies broadly across employment relationships, including employees, workers, agency staff, and casual or irregular staff arrangements, provided there is a contract to perform work personally.

Protection from Discrimination under the Equality Act 2010

The Equality Act 2010 prohibits unlawful discrimination in employment and work-related contexts. Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership (in employment context)
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Protection applies from recruitment through to termination, including day-to-day treatment such as:

• Allocation of shifts
• Reduction or withdrawal of hours
• Pay and benefits
• Training and promotion opportunities
• Disciplinary action
• Dismissal or non-renewal of work opportunities

Workers on zero-hours contracts are expressly covered by these protections, alongside employees, agency workers, and other non-standard forms of work.

Forms of Discrimination Relevant to Zero-Hours Work

Direct discrimination

Occurs when a worker is treated less favourably because of a protected characteristic. Examples include:

• Refusing shifts because of pregnancy
• Reducing hours due to age or disability
• Not offering work based on race or religion

Direct discrimination is unlawful even if the contract allows flexibility in offering work.

Indirect discrimination

Occurs when a workplace policy or practice applies to everyone but disadvantages people with a protected characteristic.

Examples in zero-hours arrangements include:

• Last-minute shift allocation systems that disadvantage disabled workers with limited transport access
• Requirements to accept overnight shifts that disproportionately affect carers (often linked to sex discrimination)
• “Availability requirements” that exclude individuals with religious commitments

Indirect discrimination may be lawful only if the employer can show it is a proportionate means of achieving a legitimate aim.

Harassment

Harassment includes unwanted conduct related to a protected characteristic that creates an intimidating, hostile, or degrading environment. This may occur during shifts or in connection with being offered work.

Victimisation

Victimisation occurs when a worker is treated unfairly because they have:

• Made a discrimination complaint
• Supported another person's complaint
• Raised concerns under the Equality Act

Examples include reduced shifts or exclusion from future work opportunities following a complaint.

Key Issue in Zero-Hours Context: “Zeroing Down” Hours

A common issue in zero-hours arrangements is the reduction or withdrawal of future shifts after a worker raises concerns or asserts rights.

While employers are not legally required to offer work, they must not use the flexibility of zero-hours arrangements as a cover for unlawful discrimination or retaliation.

Where a pattern shows that hours are reduced in response to protected activity or protected characteristics, this may form the basis of a claim in an Employment Tribunal.

Agency Workers and Temporary Staff

Many zero-hours workers are also supplied through agencies. Agency workers benefit from additional protections:

• Equal treatment rights after qualifying periods in some circumstances
• Access to workplace facilities and vacancies from day one
• Protection under discrimination law from the outset

Agency arrangements do not remove Equality Act protections. Liability may fall on both the agency and the end user depending on the circumstances.

Bringing a Discrimination Claim

Employment Tribunal process

A discrimination claim is typically brought in an Employment Tribunal. The process generally involves:

1. Early Conciliation via ACAS
2. Submission of a tribunal claim form (ET1)
3. Employer response (ET3)
4. Case management and evidence exchange
5. Hearing and decision

Time limits

A discrimination claim must usually be brought within three months less one day from the date of the discriminatory act. Time limits can be extended where ACAS Early Conciliation is used.

Evidence requirements

A claimant does not need direct proof of intent. Tribunals can infer discrimination from:

• Patterns of shift allocation
• Comparisons with other workers
• Timing of reduced hours after complaints
• Internal messages or documentation

Remedies and Compensation

If a claim succeeds, a tribunal may award:

• Compensation for financial loss (e.g. lost earnings from reduced shifts)
• Injury to feelings awards
• Recommendations for workplace changes (rare but possible)

There is no upper limit on discrimination compensation.

Common Issues in Zero-Hours Discrimination Cases

Irregular work patterns

Irregular hours can make it harder to show loss, but tribunals can assess earnings over time or use comparator evidence.

Lack of guaranteed hours

The absence of guaranteed hours does not remove protection from discrimination. The key issue is whether the lack of work is connected to a protected characteristic or retaliatory conduct.

Employer discretion

Although employers can decide whether to offer shifts, this discretion must not be exercised unlawfully or in a discriminatory manner.

Practical Steps for Workers

Individuals concerned about discrimination in zero-hours work may consider:

• Keeping records of shifts offered and refused
• Documenting communications about work allocation
• Comparing treatment with other workers in similar roles
• Raising concerns internally in writing
• Contacting ACAS for early guidance
• Seeking legal advice on tribunal eligibility and procedure

Common Questions from our Readers

Do zero-hours workers have the same discrimination rights as employees?

Yes. Protection under the Equality Act 2010 applies to employees, workers, and many other work arrangements.

Can an employer stop offering shifts after a complaint?

They can reduce work for legitimate business reasons, but not as retaliation for protected complaints or characteristics.

Is it legal to have no guaranteed hours?

Yes. However, the way work is allocated must still comply with equality law and other employment protections.

Can discrimination occur even without dismissal?

Yes. Discrimination can occur through shift allocation, pay decisions, or exclusion from work opportunities.

Key Takeaways

Zero-hours contract workers in England and Wales are protected under the Equality Act 2010 in the same way as other workers. Employers cannot lawfully discriminate in shift allocation, pay, or treatment based on protected characteristics. While zero-hours arrangements allow flexibility in offering work, that flexibility does not permit unlawful discrimination or retaliation. Claims may be brought in the Employment Tribunal, typically within strict time limits, and can result in financial compensation and other remedies.