I am on a zero-hours contract – does my employer still owe health and safety duties?

Working on a zero-hours contract can feel precarious. With no guaranteed minimum hours, you may wonder if your employer is still responsible for your wellbeing and safety at work. The good news is yes — even if you have no fixed hours, zero-hours workers in the UK retain important legal protections around health and safety in the workplace.

In this article, we’ll break down the key points about zero-hours health and safety responsibilities, including how stress factors in as a workplace hazard, what the Health and Safety Executive (HSE) expects from employers, and how the Equality Act intersects with these duties. We’ll also cover practical steps you can take if you feel your rights are not being met.

What is a zero-hours contract, and who counts as a worker?

Before diving into health and safety rights, it’s worth clarifying what a zero-hours contract entails, and your status at work. A zero-hours contract typically means an employer offers you work as and when they need it, but doesn’t guarantee any set hours. You may accept or decline shifts without penalty.

Under UK employment law, the term worker — which includes zero-hours contractors who perform work personally — grants basic employment rights even if you’re not classed as an employee. These include protection against unlawful deductions from wages, holiday pay, and crucially for this post, health and safety protections under the Health and Safety at Work etc. Act 1974.

Does my employer owe me a health and safety duty if I’m on a zero-hours contract?

Yes. The employer’s obligation to provide a safe working environment applies to all workers, including those on zero-hours contracts. This is backed by the core legal framework and the HSE’s guidance. Specifically:

Health and Safety at Work etc. Act 1974 – Section 2 places a duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all their workers.
Management of Health and Safety at Work Regulations 1999 – require employers to assess risks to all staff and implement preventive measures.

In practical terms, it means your employer must take reasonable steps to protect you from physical, chemical, biological, and psychological hazards while you’re working for them — including during your zero-hours shifts.

Stress as a health and safety hazard in zero-hours work

Stress in the workplace is recognised by the HSE as a legitimate health and safety hazard. Many wrongly think stress is “just a personal issue,” but the HSE explicitly states that work-related stress results from “a mismatch between the demands of the work environment and the worker’s capacity to cope.”

For zero-hours workers, uncertainty about hours, unpredictable scheduling, and feeling unable to speak up without jeopardising future work can create significant stress.

What does the law say about stress duties?

The HSE requires employers to assess psychosocial risks, including stress, as part of their general health and safety duties under the Management of Health and Safety at Work Regulations 1999. Stress-related duties apply equally to all workers, regardless of contract type.

The HSE’s Management Standards for Work Related Stress outline the key areas at risk in most workplaces:

Demands – workload, work patterns and the work environment
Control – how much say the person has in the way they do their work
Support – encouragement, sponsorship and resources provided by the organisation, line management and colleagues
Relationships – positive and supportive working to avoid conflict and deal with unacceptable behaviour
Role – whether people understand their role within the organisation and whether the organisation ensures that they do not have conflicting roles
Change – how organisational change is managed and communicated

An employer must identify stress risks from these areas and put measures in place to reduce them — including for workers working variable zero-hours contracts.

Health and safety risk assessments — do they apply to zero-hours workers?

The HSE expects employers to carry out risk assessments for all workers, and this includes psychosocial risks like stress. Importantly, a risk assessment must be tailored to the individual circumstances of different groups — you can’t use a generic “one-size-fits-all” approach.

If your work involves specific hazards, such as manual handling, working late shifts, or lone working, your employer should consider how these impact your health and safety. Zero-hours workers might be excluded informally from training or safety briefings, but legally they are entitled to the same protections and information as permanent staff.

Checklist: What should your employer’s health and safety risk assessment cover for zero-hours workers?

Identify physical hazards (machinery, trips/slips, hazardous substances if relevant).
Identify psychological hazards, especially stress linked to uncertain hours, lack of control, and communications.
Assess what training or information zero-hours workers need to work safely.
Ensure access to welfare facilities, breaks, and contact points for health and safety concerns.
Include measures to manage lone working or late shifts if applicable.

Equality Act and disability: how does it intersect with health and safety duties?

The Equality Act 2010 complements health and safety duties by requiring employers to make reasonable adjustments for disabled workers — this includes zero-hours staff who meet the disability definition.

Disability under the Equality Act means a physical or mental impairment with a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

If you’re disabled or have a condition affected by work-related stress — say, anxiety or depression — your employer must consider reasonable adjustments. This might include changes to your working pattern, environment, or how work is allocated.

Combining health and safety duties with disability rights means that zero-hours workers who are disabled receive robust protection, preventing discrimination and ensuring their health and safety.

What can you do if your employer isn’t meeting health and safety duties?

Feeling unsafe or unduly stressed at work can be isolating, especially when there is no dedicated HR team. Here are some steps to take:

Put concerns in writing. Use a concise email or letter stating specific examples of hazards or stressors, and ask for a health and safety risk assessment tailored to your zero-hours work.
Refer to your employer’s legal duties. Quote the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. This shows you know your rights.
Request adjustments if you are disabled. Explain your needs and how reasonable adjustments could help.
Keep records. Save emails, notes of conversations, and any incidents related to health and safety concerns.
Use union representation. If you’re in a trade union, they can advise and support you.
Contact the Health and Safety Executive (HSE). You can report serious health and safety concerns or get guidance.

What to keep in your email to your manager – a quick checklist

State you understand your zero-hours contract does not absolve your employer of health and safety duties.
Outline the specific hazard(s) causing concern (eg. workload stress, lack of training, unsafe equipment).
Request a tailored risk assessment covering these hazards.
Mention relevant laws to underline the legal importance.
Request a timeframe for a response.
Offer to discuss or meet to assist in resolving the issue.

Summary: zero-hours workers are protected by law for health and safety

Key Point Explanation Health and Safety at Work Act 1974 applies Employer duties to protect workers apply regardless of contract type Stress is a legitimate health and safety risk Employers must assess and mitigate psychosocial hazards, including unpredictable zero-hours work effects Risk assessments must include zero-hours workers Tailored assessments and protections are required for individual work patterns and hazards Equality Act requires reasonable adjustments Disabled zero-hours workers must receive accommodations for safe working Workers can and should raise concerns Putting issues in writing helps clarify problems and prompts action

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Remember, being on a zero-hours contract does not mean being unprotected. Your health and safety at work is a legal right. Don’t hesitate to seek advice and stand up for your wellbeing.