Employment law: Workers request for a predictable working pattern

The Workers (Predictable Terms and Conditions) Act 2023 became law this year and is likely to take effect around September 2024.

What does the Act do?

The Act gives workers the right to ask for a more predictable work pattern. This is similar to the right to request flexible working. It is a right to make a request, not a guarantee that the request will be granted.

If a worker meets the criteria, they can apply to change their work pattern to make it more predictable.

Who will the Act apply to?

The Act covers workers who do not have a predictable work pattern, this includes uncertainty about hours, days, times, or the length of the contract.

The broad nature of this list means that a wide variety of workers and employees will likely be entitled to make an application under the Act.

Providing they meet the criteria, agency workers will be able to apply to their agency or to the hirer to request a more predictable working pattern; to apply, a worker must have worked for their employer for 26 weeks, including at least 12 weeks in a row during that time.

How Will the Act Apply in Practice?

The process for requesting a more predictable work pattern will be similar to the current flexible working process; it is intended to take effect.

A worker can make a maximum of two applications in a 12 month period.

Employers will have to deal with requests in a reasonable manner, and may refuse only on a specific business-related ground specified in the legislation, including costs to and other negative impacts on the company.

A worker who has their right refused cannot challenge the rejection itself; they can only claim in relation to a procedural failing by the employer (e.g. a failure to respond, or a rejection for a reason given other than one of the specified business reasons).

The amount of compensation awarded for such a failure will be set by regulations in due course. If it mirrors the flexible working regime, it could be limited to eight weeks pay.

When Will the Act Come Into Effect?

The Act is expected to come into force around September 2024. Draft regulations and an ACAS Code of Practice should be published before then, so employers can update their policies and procedures.

For more information please contact a member of our Employment team at Orwins.