- Written by
- Elliott Flockhart, Solicitor
The Workers (Predictable Terms and Conditions) Act 2023 has received Royal Assent and is expected to come into force in September 2024. It introduces a new statutory right for workers to request a more predictable working pattern.
What workers are eligible?
The right to request a more predictable working pattern will apply to the following workers:
- Workers whose existing working patterns lack certainty in terms of the hours or times they work.
- Workers on fixed-term contracts of 12 months or less (who are able to request a longer fixed-term or the removal of any provisions relating to fixed-term).
- Agency workers (who can make their request either to the agency or the hirer provided they meet certain qualifying conditions).
How to make a request
To make a request, workers must put it in writing to their employer. The request must specify the change being applied for and the date it should take effect. The requested predictability could relate to hours of work, days of work or period of engagement.
How will employers respond to requests?
Employers are required to deal with any requests in a reasonable manner and notify the worker of their decision within one month. Requests may be refused on any of several specified grounds. There are currently six listed in the Act, including the burden of additional costs or there being insufficient work during the periods the worker has asked to work. The Secretary of State reserves the right to add more grounds.
If a request is granted then employers must offer the new terms within two weeks of granting the request. Employers cannot make detrimental changes to other contractual terms at the same time as making the changes required as a result of the approved request for predictability.
What support is available to workers?
Acas will be producing a draft Code of Practice for consultation in the Autumn which will provide guidance on how to handle requests.
What does this mean for workers?
The Workers (Predictable Terms and Conditions) Act 2023 is a significant step forward for workers' rights. It will give workers who have unpredictable working patterns greater certainty and control over their work lives. This will be particularly beneficial for workers with caring responsibilities or other commitments outside of work.
If you need further information please contact a member of our Employment team on 020 8290 0440.
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