Employment Rights Act2025 · Tracker
Indicative for 2027

Banning exploitative zero-hours contracts: the guaranteed-hours duty and how to prepare

The Employment Rights Act 2025 introduces a duty to offer guaranteed hours to zero-hours and qualifying low-hours workers, based on the hours they actually work over a reference period. This is expected in 2027, but it is indicative: the precise threshold and reference period are still being consulted on, with the consultation closing 25 August 2026. The government's stated preference is a low-hours threshold of 8 to 20 hours a week and a 12-week reference period. The single best thing to do now, whatever the final figures, is to start a rolling 12-week log of the hours each affected worker actually works.

What the reform is trying to do

The aim is to end the "one-sided flexibility" of contracts where a worker regularly works substantial hours but has no contractual guarantee of any. Under the reform, where a zero-hours or qualifying low-hours worker has worked a pattern of hours over a reference period, you will have a duty to offer them a contract that guarantees hours reflecting that pattern. The worker can accept or decline, but the offer has to be made. It is a shift from "we call you when we need you" to "the hours you have actually been working become hours we must offer to guarantee".

The three parts of the package

  • Guaranteed hours. The duty to offer a guaranteed-hours contract based on the reference-period pattern.
  • Reasonable notice of shifts. A right for workers to receive reasonable notice of the shifts they are asked to work.
  • Payment for cancelled or curtailed shifts. Compensation where a shift is moved, cut short or cancelled at short notice.

The protections are also expected to extend to agency workers, so if you engage staff through an agency, do not assume this sits entirely with the agency.

General information, not legal advice, and these dates are indicative. The guaranteed-hours regime depends on regulations and the outcome of the consultation. Treat the threshold and reference period as preferences, not settled law, until the regulations are published.

What is still being decided

Two numbers matter and neither is final:

  • The low-hours threshold that decides which workers are in scope. The consultation set out options ranging from 8 to 48 hours a week, with the government's preference being 8 to 20.
  • The reference period over which hours are measured to calculate the offer. The government's preference is 12 weeks.

Both are subject to the consultation that closes 25 August 2026. Watch for the government response, which will firm these up. We record the outcome on the timeline when it lands.

What to do now, before the detail lands

  • Start a 12-week hours log. For each zero-hours, low-hours or agency worker, record the hours actually worked over a rolling 12-week window. Whatever reference period is finally set, you will need this history to calculate any guaranteed-hours offer, and building the habit now is free.
  • Map who is likely in scope. Identify workers whose regular hours fall in the plausible threshold range so you know the size of the population before the rules commence.
  • Review your scheduling and cancellation practices. Reasonable notice and cancellation pay will make last-minute changes costly, so tighten rota planning ahead of time.
  • Talk to your agency. If you use agency staff, clarify who will carry the guaranteed-hours and notice duties in your contracts.

Frequently asked questions

Do I have to offer guaranteed hours, and when?

The duty is expected in 2027, but it is indicative. The detail is under consultation closing 25 August 2026. Start logging hours worked per worker now.

What is the reference period, and has it been decided?

Not yet. The government preference is a 12-week reference period, and a low-hours threshold of 8 to 20 hours a week, but both depend on the consultation.

Does this cover agency workers?

The protections are expected to extend to agency workers, so do not assume the duties sit only with the agency. Clarify responsibilities in your agency contracts.

Sources

Content accurate as at 12 July 2026. These measures are indicative; re-check the primary source and the consultation outcome before acting.

See if the zero-hours reform applies to you

Tell us your contract mix. If you use zero-hours or agency staff, the report gives you the dated actions, including the hours log to start now.

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