Background
Currently, workers can be engaged on a casual basis without the right to seek a more predictable working schedule. This frequently results in scenarios where employees find themselves without a confirmed work schedule but are still expected to be readily available on short notice when the need arises.
The Workers (Predictable Terms and Conditions) Act of 2023 has recently received Royal Assent and is due to come into force in September 2024. This new legislation will empower both regular workers and agency workers to formally request a more predictable work pattern.
Adding to this significant development, Acas is set to release a new code of practice in 2024. This code will offer invaluable guidance on the proper procedures for making and handling requests.
Which workers will be entitled under the The Workers (Predictable Terms and Conditions) Act?
The Act can be applied to any worker where:
- There is a lack of predictability in relation to the work that the worker does for the employer, as regards any part of the worker’s work pattern.
- The change relates to the worker’s work pattern.
- The worker’s purpose in applying for the change is to get a more predictable work pattern.
Two applications for a more predictable working schedule can be made within a 12-month period and applications may be rejected on statutory grounds. A minimum service requirement to access the right will be specified in the regulations and is expected to be set at 26 weeks’ service.
What is an unpredictable work pattern?
The definition of a “work pattern” covers not only the total hours worked, but also the specific days, times, and the contracted period during which the worker is expected to be actively engaged. In cases where a worker is bound by a fixed-term contract lasting 12 months or less, the duration for which the worker is contracted is automatically considered unpredictable.
Additionally, agency workers will have the right to seek a more predictable work pattern, enjoying the benefits which are afforded to regular employees.
How will employers enforce the new right?
Employers will be required to deal with any requests in a reasonable manner and notify the worker of their decision within one month.
It is important to note that the Act gives workers the right to request a predictable working pattern, rather than an automatic right for it to be granted. Employers will retain the right to decline requests based on statutory grounds, allowing industries reliant on unpredictable work structures to maintain flexibility. However, employers will need to introduce processes for dealing with requests for more predictable working patterns.
Workers won’t be able to challenge the reason for refusing the application but will be able to bring a claim based on procedural failings by the employer. They will have the right not to suffer an unlawful detriment having made a request and it will be automatically unfair to dismiss an employee who makes an application for a predictable work pattern.
Natalie Abbott, Employment Law Partner at Rothera Bray Solicitors
If you need support in handling requests for predictable working requests, implementing a predictable working policy or general advice on how to prepare for these forthcoming changes, please call our Employment Team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
