Workers to have the right to request a more predictable working pattern from September 2024

The Workers (Predictable Terms and Conditions) Act 2023 (the “Act") has recently received Royal Assent and as things presently stand it is likely to come into force in September 2024.

What’s the Act’s key purpose?

The Act is primarily concerned with enhancing predictability and transparency in UK workers’ employment terms. Its objective is to create a fairer and more stable working environment for employees.

The Act is intended to cover workers whose work patterns vary unpredictably, (e.g., casual workers or workers on annualised contracts).

What will workers be able to request?

Once the Act comes into force workers with more than 26 weeks’ continuous employment will be able to submit a written request relating to:

• the number of hours they work;

• the days of the week they work and/or the times of the days that they work;

• the period that they are contracted to work; and

• In such other aspects as future regulations may permit.

Note also that where a worker is engaged on a fixed-term contract for 12 months or less that the Act automatically seems them as having unpredictable working conditions and that they will be able to apply for a change in the duration of that contract on that basis.

Will employers be able to refuse a request for a more predictable pattern of working?

Yes, the position will be very similar to the refusal conditions that apply in relation to the existing right to make a flexible working request. The relevant grounds that will apply under the Act include:

• the burden of additional costs;

• a detrimental effect on ability to meet customer demand;

• a detrimental impact on the recruitment of staff;

• a detrimental impact on other aspects of the employer's business;

• any insufficiency of work during the periods the worker proposes to work;

• any planned structural changes; and

• In such other aspects as future regulations may permit.

Please contact Nathan Combes if you’d like more information about the issues raised in this update and/or or to find out more about the employment law and/or HR related policies, documents, advice and training that we provide.

Disclaimer: the information set out above does not constitute legal advice and it is provided for general information purposes only. No warranty, whether express or implied is given and neither the author or Harrington Law shall be liable for any technical, editorial, typographical or other errors or omissions within the information provided.