Your Rights on a Zero-Hours Care Contract (2026 Guide) | PlainSight | PlainSight
Rights & Law
Your Rights on a Zero-Hours Care Contract (2026 Guide)
Summary
Zero-hours workers get 5.6 weeks (28 days) paid holiday per year under UK law.
Holiday accrues at 12.07% of hours worked; check your payslip for a separate holiday line.
Domiciliary carers must be paid for travel between clients; unpaid travel can breach minimum wage.
From 2027, cancelled shifts and short notice will trigger compensation under the Employment Rights Act 2025.
Cutting hours in retaliation for requesting holiday or calling in sick is unlawful detriment.
Every care worker, care assistant, and support worker on a zero-hours contract in the UK is entitled to paid holiday, travel time pay, sick pay, and protection from unfair treatment, from day one of employment. This guide explains exactly what you're owed, how to check your payslip, and what to do if your employer isn't paying you correctly. Updated for 2026, including the new Employment Rights Act 2025 changes coming in 2027. If your shifts are being cancelled, see our shift cancellation guide; for break entitlement on long shifts; and for sick pay and working short staffed.
Do I get holiday pay on a zero-hours contract?
Yes, every worker on a zero-hours contract gets 5.6 weeks (28 days) of paid holiday per year under UK law. This applies whether you work in domiciliary care, a care home, or as a home care assistant, and it starts from your very first shift, not after a probationary period.
This is one of the most misunderstood rights in the care sector. The law is clear: the Working Time Regulations 1998 give every worker statutory holiday entitlement regardless of contract type. Your employer must either let you build up holiday hours to take as paid time off, or add a 12.07% uplift to every payment (called "rolled-up holiday pay"). Both methods are legal since January 2024.
How is holiday pay calculated on a zero-hours care contract?
Holiday pay for zero-hours care workers accrues at 12.07% of hours worked in each pay period. This figure comes from dividing 5.6 weeks of holiday by 46.4 working weeks (52 minus 5.6). Since April 2024, this is written into law under Regulation 15B of the amended Working Time Regulations.
Method
How it works
When you get paid
What to check on your payslip
Accrual method
12.07% of hours worked each pay period are added to a holiday "bank"
When you take time off
A running holiday balance (in hours) should appear on your payslip or be available on request
Rolled-up holiday pay
12.07% is added to every payment as a separate line
With every wage packet
A separate line showing "holiday pay": it must be itemised, not hidden in your hourly rate
If your employer says holiday pay is "included in your hourly rate" but there's no separate line on your payslip, that's a red flag. Since April 2024, rolled-up holiday pay must be clearly itemised.
Should I be paid for travel time between clients?
Yes, domiciliary care workers must be paid for travel time between client visits if there is no realistic opportunity to go home between appointments. This was established in Whittlestone v BJP Home Support Ltd (2013) and is supported by HMRC guidance on National Minimum Wage compliance.
Paid (working time)
Not paid (not working time)
Travel from first client to second client
Travel from home to first client of the day
Travel between any back-to-back appointments
Travel from last client back home
Waiting time between nearby clients where you can't reasonably go home
Extended breaks where you return home between rounds
If your effective hourly rate drops below £12.21 (the 2025/26 National Minimum Wage) once you include unpaid travel time, your employer is breaking the law. You can report this anonymously to the Pay and Work Rights Helpline on 0800 917 2368.
What happens when my shift gets cancelled last minute?
Currently, if your shift is cancelled at short notice on a zero-hours contract, your employer has no legal obligation to pay you, but that changes in 2027 under the Employment Rights Act 2025. The new law will require employers to compensate workers when shifts are cancelled, moved, or shortened without reasonable notice. For details see our shift cancellation guide.
Current rules (2026)
New rules (from 2027)
No compensation for cancelled shifts
Employers must pay compensation for short-notice cancellations
No minimum notice period of shifts
Workers must receive "reasonable notice" of shifts (expected maximum 7 days)
No recourse if hours fluctuate wildly
Employers must offer guaranteed-hours contracts to workers who regularly work consistent hours
Workers can be penalised for refusing shifts
Protection from detriment for declining shifts outside guaranteed hours
Can my employer cut my hours if I request holiday or call in sick?
No, reducing a worker's hours as punishment for exercising a legal right is unlawful; it counts as "detriment" under employment law. But in practice this is extremely difficult to prove. The key is documentation: write down dates, your normal hours, and reduced hours offered. ACAS offers free, confidential advice on 0300 123 1100. The Employment Rights Act 2025 strengthens these protections from 2027.
Am I entitled to sick pay on a zero-hours contract?
Yes, zero-hours care workers qualify for Statutory Sick Pay (SSP) of £116.75 per week, provided they earn at least £123 per week on average. From April 2026, SSP becomes a day-one right with no waiting period and the earnings threshold is being removed. See our sick pay guide for the full picture.
Will zero-hours contracts be banned under the new Employment Rights Act?
No, zero-hours contracts are not being banned outright. The Employment Rights Act 2025 instead gives workers the right to request guaranteed hours and protects them from the worst abuses, while keeping zero-hours arrangements available for workers who genuinely prefer flexibility. The three big changes expected 2027: (1) Right to guaranteed hours if you regularly work consistent hours; (2) Reasonable notice of shifts; (3) Compensation for cancelled shifts.
How do I check if my payslip is correct?
Every care worker has the legal right to an itemised payslip showing gross pay, deductions, and (if your employer uses rolled-up holiday pay) a separate line for holiday pay. Request your holiday balance in writing; your employer must provide this information.
What should I do if my employer isn't paying me correctly?
Start by raising the issue informally in writing (a text or email to your manager), then escalate to ACAS early conciliation if it isn't resolved within 2 weeks. You have 3 months minus 1 day from the most recent underpayment to make a tribunal claim. ACAS: 0300 123 1100. HMRC Pay and Work Rights: 0800 917 2368. Joining UNISON or GMB gives you access to free legal representation at tribunal. See our career progression guide for paths to better-paid roles.
Frequently Asked Questions
Can I be sacked for asking about my holiday pay?
No. Asserting a statutory employment right is protected by law. Dismissing you for it would be automatically unfair dismissal regardless of your length of service. Keep your query in writing (text or email) so there's a record.
Does holiday pay include bank holidays?
It depends on your contract. The 5.6 weeks statutory entitlement can include bank holidays. If your contract says "28 days including bank holidays," then the 8 bank holidays are counted within your 28-day allowance. If it says "28 days plus bank holidays," you get both.
I work through a care agency on zero hours: do I still get holiday pay?
Yes. Agency workers have identical statutory holiday entitlements to directly employed workers. Your agency is responsible for paying it. Check your Key Information Document: it must state how holiday pay is handled.
What if I've never received holiday pay: can I claim it back?
Yes, but act quickly. Employment tribunal claims must be brought within 3 months minus 1 day of the most recent underpayment. If there's a pattern of non-payment, you can claim back up to 2 years of underpayments as a linked series of deductions.
Does my employer have to give me a written contract?
Yes, from day one. Under Section 1 of the Employment Rights Act 1996 (as amended), every worker must receive a written statement of employment particulars on or before their first day of work. It must include pay rate, holiday entitlement, and working hours.
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