WORKING TIME - 04.10.2023

Right to a predictable working pattern

New rights. In September 2023 the Workers (Predictable Terms and Conditions) Act 2023 became law. It applies to all workers and employees, including agency workers. It grants those who are eligible the statutory right to formally request a more predictable working pattern where their existing pattern lacks certainty in terms of the hours that they work, the times that that they work or where they’ve been hired on a fixed-term contract of less than twelve months.

Day one right? Unlike many other statutory rights, the right to request a more predictable working pattern will not be a day one employment right. Instead, it is anticipated that this new statutory right will apply where an individual has worked for the employer for a period of 26 weeks in total; not 26 weeks continuously. Eligible employees will be able to make two formal requests for a more predictable working pattern each year. Once a request is received, the employer will be required to make a decision about the request within one month.

Grounds to reject. Employers will be able to refuse a request for a more predictable working pattern on specific grounds. These will include the burden of additional costs and insufficient work being available. Further regulations are required to iron out some of the outstanding details and explain how the new law will operate, but it is expected that this Act will come into force around September 2024.

A new Code. Acas has been tasked with drafting a new statutory Code of Practice which will help employers and workers understand the new right to request a predictable working pattern and provide guidance on how requests should be made and considered. We’ll report further on the outstanding details once they are known.

Tip. If you receive a request from a worker, an employee or an agency worker for a more predictable working pattern before this law comes into force in 2024 you can simply reject it without offering any explanation.