Zero-Hours Workers Can Demand Guaranteed Contracts From April 7 — What Every UK Employer Needs to Know

From 7 April 2026, zero-hours workers in the UK who regularly work a consistent pattern of hours can formally request guaranteed-hours contracts — and employers face serious penalties if they dismiss, demote, or penalise workers for doing so. This is one of the most significant changes to UK employment law in a generation, and enforcement begins in days.

This guide explains exactly what's changing, who's affected, what employers must do, and what the Fair Work Agency can do if you get it wrong.

What's Actually Changing on April 7?

The Fair Work Agency (FWA) launches formally on 7 April 2026, created under the Employment Rights Act 2025. One of its first enforcement priorities is the new guaranteed hours right for zero-hours and low-hours workers.

Under the new rules, a worker on a zero-hours or variable-hours contract who has worked a regular and consistent pattern of hours over a reference period can formally request that their employer reflect those hours in a guaranteed-hours contract.

The right covers:

• Zero-hours workers — employed but with no guaranteed minimum hours
• Part-time workers on low-hours contracts who regularly work more hours than their contract states
• Agency workers in some circumstances, depending on contract structure

Crucially, workers don't just get to ask — employers have a legal obligation to consider the request seriously and respond within a defined timeframe.

What Is the "Regular Pattern" Test?

The legislation doesn't define a rigid formula, but the principle is clear: if a worker has been working a consistent pattern over recent weeks or months, that pattern has legal weight.

Factors that establish a regular pattern include:

• Working the same days each week for an extended period
• Consistently being offered (and accepting) similar hours over multiple weeks
• Being rostered on a predictable basis as part of normal staffing

For many hospitality and retail businesses, this will describe a significant proportion of your zero-hours workforce.

What Employers Must Do

This isn't a passive right. It creates active obligations. Here's what employers need to have in place by April 7.

1. Review your zero-hours workforce

Audit which workers are on zero-hours or low-hours contracts and what hours they've actually worked over the past 12 weeks. Identify who has an established pattern.

2. Prepare for formal requests

Create a clear internal process for receiving and responding to guaranteed-hours requests. You'll need:

• A written acknowledgement procedure
• A defined response timeline (employers must respond within a reasonable period)
• A documented decision-making framework

3. Train your managers

Line managers often make the practical decisions about who gets rostered for shifts. They need to understand that dismissing or reducing shifts in response to a guaranteed-hours request is potentially automatically unfair dismissal.

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4. Review your contracts

If you're using outdated zero-hours templates that don't reference the new rights, update them. Your contracts should not contain clauses that could be read as discouraging workers from exercising their statutory rights.

5. Understand the anti-retaliation rules

One of the FWA's stated early priorities is anti-retaliation enforcement. Reducing a worker's hours, removing them from the rota, or constructively dismissing them after they exercise a guaranteed-hours right is automatically unfair dismissal — no qualifying period required.

The Fair Work Agency: More Teeth Than HMRC

The FWA replaces HMRC's National Minimum Wage and holiday pay enforcement function — but it's significantly more powerful.

Under the FWA's new powers from April 7:

• Walk-in inspection rights — FWA officers can visit premises without prior notice
• 200% NMW penalty — employers who underpay below the National Living Wage face fines of 200% of the underpayment, up to £20,000 per worker
• Retrospective holiday pay powers — FWA can investigate and enforce historic holiday pay underpayments
• Coordination with HMRC and ACAS — the FWA will share enforcement intelligence across departments

Zero-hours abuse — deliberately using zero-hours contracts to avoid guaranteed-hours obligations — is specifically listed as an FWA enforcement priority for 2026.

Which Sectors Are Most at Risk?

Hospitality

Hospitality has the highest proportion of zero-hours workers of any UK sector. Many pubs, restaurants, hotels, and cafes have staff who work effectively full-time hours but on zero-hours terms. Those workers now have legal standing to demand contracts that reflect reality.

Retail

Seasonal and flexible retail staffing has relied heavily on zero-hours arrangements. Many retail staff who "flex up" for Christmas and then stay on have established hour patterns that qualify under the new rules.

Healthcare and Social Care

Care homes and domiciliary care providers employ a large zero-hours workforce, often for continuity-of-care reasons. The FWA has specifically identified care sector employment practices as an enforcement focus.

Recruitment Agencies

If you supply zero-hours workers to client businesses, your obligations may depend on contract structure — but agency workers in regular placements may still qualify for guaranteed-hours rights.

What Happens If You Get It Wrong?

The consequences of violating the guaranteed-hours right are severe:

• Automatic unfair dismissal for any retaliatory act — no qualifying employment period needed, meaning a worker can make a claim on day one
• Uncapped compensation in automatic unfair dismissal cases (no £123,543 ceiling)
• FWA investigation and enforcement notice — with penalties and mandatory back-pay requirements
• Tribunal award — workers can bring Employment Tribunal claims directly, and the FWA can support claims

A Critical Difference From Zero-Hours Bans

Zero-hours contracts are not banned from April 7. The new law doesn't force you to give everyone a guaranteed contract. It gives workers the right to request one if their working pattern justifies it, and it protects them from retaliation if they exercise that right.

Legitimate uses of zero-hours contracts remain legal:

• Genuinely casual, ad-hoc work with no regular pattern
• Cover work for unpredictable demand (e.g., events)
• Workers who genuinely prefer flexibility and do not establish a regular pattern

The key is documentation. If you have a legitimate operational reason for a worker's irregular hours, document it now — before a request lands on your desk.

How ComplianceAlert Helps

The Fair Work Agency's launch on April 7 is just the beginning. New enforcement priorities, prosecution updates, and regulatory guidance will follow. ComplianceAlert monitors FWA, HMRC, ACAS, and 13 other UK regulators — and sends you plain-English alerts when something changes that affects your business.

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Key Takeaways

• From 7 April 2026, zero-hours workers who have established a regular pattern of hours can formally request guaranteed-hours contracts
• Employers cannot dismiss, reduce hours, or penalise workers who make this request — it's automatic unfair dismissal
• The Fair Work Agency (launching April 7) will enforce these rights with walk-in inspection powers and 200% NMW penalties
• Hospitality, retail, healthcare, and care are the sectors at highest risk
• Zero-hours contracts are not banned — but you must be able to show the flexibility is genuine
• Document everything now — before requests start arriving

Frequently Asked Questions

Do the new guaranteed-hours rules apply to all zero-hours workers? Only to those who have worked a regular, consistent pattern of hours. Genuinely casual workers with no established pattern are not automatically entitled to make a request.

What is the reference period for establishing a "regular pattern"? The legislation uses a rolling reference period approach. While exact details are set out in accompanying regulations, 12 weeks of consistent working is generally a clear indicator.

Can I refuse a guaranteed-hours request? Yes, but only on legitimate operational grounds — and you must be able to document your reasoning. Refusing because you want to retain flexibility as an employer (without a specific operational justification) is insufficient.

Does this apply to agency workers? Agency workers in continuous, regular placements may qualify depending on the contractual structure. Employment agencies should review their supply contracts urgently.

What if a worker doesn't want guaranteed hours? Workers can choose not to request them. The right is opt-in — no worker is forced onto a guaranteed contract. But employers cannot pressure workers to waive the right.

Published 2 April 2026. Sources: Employment Rights Act 2025, Fair Work Agency guidance (GOV.UK), ACAS guidance on zero-hours contracts

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