Right to Claim
Yes
contract type is irrelevant
Time Limit
3 years
from date of accident
On Zero Hours
1.17m
UK workers, 3.4% of workforce
Upfront cost
£0
No Win No Fee
Personal Injury Solicitor at Claim Time Solicitors, Birmingham. Handling personal injury and child injury claims across England and Wales on a No Win No Fee basis.
Every guide we publish is verified against UK statute and current case law before release.
Your zero hours contract rights include the right to claim compensation if your employer’s negligence injured you. Contract type makes no difference to a personal injury claim: an employer owes the same duty of care to everyone on site. Where zero hours status does matter is employment protection afterwards, and there the picture is more nuanced than most pages admit. It is worth knowing which protections actually apply to you before you rely on them.
The fear that stops people claiming after a workplace injury is rarely the law. It is the rota. If your hours are not guaranteed, raising a problem can feel like handing your employer a reason to stop calling.
Around 1.17 million people in the UK work on zero hours contracts, roughly 3.4% of the workforce, and the arrangement is far more common among younger workers. A lot of them do not know where they stand.
This guide sets out what your zero hours contract rights actually are after an injury at work, including the parts that are less favourable than commonly claimed, and what changes when the Employment Rights Act 2025 comes into force.
Can you claim on a zero hours contract?
Yes. Your contract type has no bearing on a personal injury claim. What matters is whether your employer’s negligence caused the injury.
This is the clearest of all zero hours contract rights, so it is worth stating plainly. An employer’s duty of care under the Health and Safety at Work etc. Act 1974 and at common law applies to everyone working on their premises, whatever their contract says about hours.
Employers are also required to hold employers’ liability insurance under the Employers’ Liability (Compulsory Insurance) Act 1969, and a claim is made against that insurer rather than against the business directly.
You may have a claim if:
- Health and safety procedures were not followed
- You were not given adequate training or supervision
- Equipment or machinery was faulty or poorly maintained
- No proper risk assessment had been carried out
- Personal protective equipment was not provided
- A colleague acted negligently
Worker or employee, and why it matters
Most people on zero hours contracts are “workers” rather than “employees”. That distinction does not affect a personal injury claim, but it does affect employment protections afterwards.
Definition
Worker and employee
UK law recognises three employment statuses: self-employed, worker, and employee. A worker has a more casual relationship and a basic set of rights including minimum wage and holiday pay. An employee has additional rights, including unfair dismissal protection. Whether a zero hours person is a worker or an employee depends on the reality of the arrangement, not just the contract wording.
A lot of guidance on zero hours contract rights glosses over this distinction, which does readers no favours. Here is the honest position:
| Protection | Workers | Employees |
|---|---|---|
| Personal injury claim against employer | Yes | Yes |
| Employer's duty of care | Yes | Yes |
| Health and safety detriment protection (s.44 ERA) | Yes, since 31 May 2021 | Yes |
| Holiday pay and minimum wage | Yes | Yes |
| Ordinary unfair dismissal | Generally no | Yes, subject to qualifying service |
The practical point: your right to claim compensation for the injury is unaffected either way. Employment protections are where status starts to matter.
If your shifts are cut after an injury
Section 44 of the Employment Rights Act 1996 protects workers, not just employees, from being penalised on health and safety grounds. That protection was extended to workers in 2021.
Of all the zero hours contract rights covered here, this is the one that matters most after an injury, and it is the one most often left unnamed.
Following the High Court’s decision in R (Independent Workers’ Union of Great Britain) v Secretary of State for Work and Pensions [2020], the government amended section 44 of the Employment Rights Act 1996. From 31 May 2021, the right not to be subjected to a detriment in health and safety cases applies to workers as well as employees.
A detriment includes having shifts reduced or withdrawn. So if your hours dry up after you raise a health and safety concern or refuse to work in circumstances you reasonably believe to be seriously and imminently dangerous, that may be unlawful even though you are on a zero hours contract.
Keep records. Save rota screenshots, shift cancellation messages and any communication about the accident. A pattern of hours falling away after an injury is much easier to demonstrate with contemporaneous evidence than from memory.
Be aware of the limit, though. Ordinary unfair dismissal protection generally requires employee status, so a worker who simply stops being offered shifts is usually on stronger ground arguing detriment under section 44 than arguing unfair dismissal. Whether you are a worker or an employee is fact-specific, and worth getting advice on rather than assuming.
What the employment rights act 2025 changes
Significant new rights are coming for zero hours workers, including guaranteed hours, reasonable notice of shifts, and payment when shifts are cancelled at short notice. Most take effect from 2027.
The Employment Rights Act 2025 received Royal Assent on 18 December 2025, with a staged rollout across 2026 and 2027. Its zero hours provisions are aimed at what the government calls one-sided flexibility, and they are directly relevant to anyone worried about losing shifts.
- Right to guaranteed hours: a duty on employers to offer qualifying workers a contract reflecting the hours they have regularly worked over a reference period, expected to be around 12 weeks
- Reasonable notice of shifts: a duty to give reasonable notice of shifts and shift changes, with notice given too close to the shift presumed unreasonable
- Payment for short notice changes: a right to compensation where a shift is cancelled, moved or cut short at short notice
- Agency workers included: these protections were extended to agency workers during the Bill’s passage
The detail sits in secondary legislation that is still being consulted on, and the government published a consultation on implementation in June 2026. Commencement dates are indicative rather than fixed, and the guaranteed hours right is not expected before 2027.
These provisions are not yet in force. They do not change your right to claim compensation for an injury, which already applies regardless of contract type.
“People assume a flexible contract means flexible rights. It does not. The duty an employer owes you on a building site or a warehouse floor is exactly the same whether your hours are guaranteed or not.”
What to do after an accident
Report it and get it in the accident book, seek medical attention, gather evidence including your shift records, and avoid signing anything accepting blame.
Some workplace injuries must also be reported to the Health and Safety Executive by the employer under RIDDOR. That is the employer’s duty rather than yours, but it is worth knowing whether it happened.
What compensation covers
The injury itself, plus financial losses including lost shifts. Irregular earnings are harder to evidence, not impossible.
The injury is valued against the Judicial College Guidelines, 18th Edition, based on its nature, recovery period and any lasting effect. Alongside that you can recover documented financial losses:
- Lost earnings from missed or reduced shifts
- Medical treatment, physiotherapy and rehabilitation
- Travel to appointments
- Care and assistance during recovery
- Future loss where the injury affects your ability to work
Lost earnings need a word of explanation on a zero hours contract. Because your hours vary, the loss is usually calculated from your actual earnings history rather than a contractual figure, typically over a representative period before the accident. Payslips, bank statements and rota records all help. If you were consistently working well above your guaranteed hours, that pattern is evidence, and it is worth preserving.
Time limits
Three years from the accident for a personal injury claim. Employment tribunal claims run to much shorter deadlines, often three months.
Under the Limitation Act 1980 you generally have three years from the date of the accident, or from the date you became aware the injury was linked to it, to bring a personal injury claim. Different rules apply for anyone under 18 or lacking mental capacity.
If you are also considering an employment tribunal claim, for example a detriment claim under section 44, those deadlines are far shorter, commonly three months less one day. The two run on completely different timetables, which is a good reason to take advice early rather than dealing with them in sequence.
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Summary
Zero hours contract rights are stronger than most people assume in the area that matters most here. Your entitlement to claim compensation for a workplace injury does not depend on your contract at all, because your employer’s duty of care does not depend on it either.
Employment protections are more nuanced. Section 44 protects workers as well as employees from being penalised on health and safety grounds, and that is usually the right foundation if your shifts disappear after an injury. Unfair dismissal protection is a different question and generally requires employee status.
Key takeaways
- Contract type has no effect on a personal injury claim
- Your employer’s duty of care and insurance obligations apply regardless of hours
- Section 44 detriment protection has covered workers, not just employees, since 31 May 2021
- Ordinary unfair dismissal protection generally requires employee status
- Save rota records from before and after the accident
- Lost earnings are calculated from your actual earnings history
- Three years for a personal injury claim, but tribunal deadlines are far shorter
- New guaranteed hours and shift notice rights are expected from 2027
Frequently Asked Questions
Can I claim compensation on a zero hours contract?
Yes. Your contract type makes no difference to a personal injury claim. Your employer owes the same duty of care to everyone working on their premises, and must hold employers’ liability insurance regardless of whether your hours are guaranteed.
What if my shifts stop after I report an injury?
Since 31 May 2021, section 44 of the Employment Rights Act 1996 has protected workers as well as employees from being penalised on health and safety grounds. Having shifts reduced or withdrawn can amount to a detriment. Keep rota records from before and after the accident, as the comparison is the evidence.
Do I have unfair dismissal protection on a zero hours contract?
Often not. Ordinary unfair dismissal protection generally requires employee status, and most people on zero hours contracts are classed as workers rather than employees. Section 44 detriment protection is usually the stronger route. Whether you are a worker or an employee depends on the reality of the arrangement, so it is worth getting advice rather than assuming either way.
How are lost earnings worked out if my hours vary?
What is changing under the Employment Rights Act 2025?
Qualifying zero hours workers will gain a right to be offered a guaranteed hours contract reflecting the hours they regularly work, alongside rights to reasonable notice of shifts and payment where a shift is cancelled or cut short at short notice. Agency workers are included. The detail sits in secondary legislation still being consulted on, and the guaranteed hours right is not expected before 2027.
Do I have to pay anything upfront?
No. These claims are handled on a No Win No Fee basis. If the claim is unsuccessful and you have complied with the agreement, you pay nothing for our work.
Glossary of Key Terms
Disclaimer: The information on this page is for general guidance only and does not constitute legal advice. Compensation figures are indicative, and individual outcomes vary. Claim Time Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA No. 612481). No Win No Fee refers to a Conditional Fee Agreement; terms apply.
