Right to request predictable working pattern won’t come into force

The Workers (Predictable Terms and Conditions) Act 2023 (the Act) received Royal Assent in September 2023.

While the Act sets out the framework for this new regime, further regulations are needed specifying the length of service required to make such a request, the form of application, and the maximum amount of compensation for breach of the rules. These were expected to come into force this autumn; however, it has now been confirmed that these changes will not come into effect.

A right to request

The Act gives workers and agency workers a statutory right to request more predictable terms and conditions of work if:

• there is a lack of predictability in the work they do for their employer;
• the change relates to their work pattern; and
• their purpose in applying for the change is to get a more predictable work pattern.

Although the Act is targeted at reducing the “one sided flexibility” affecting atypical workers, such as those with zero-hours or temporary contracts, it is possible that other contractual arrangements would be caught by the provisions. This is because it appears to capture anyone whose hours or days vary in a way that creates uncertainty.

Notably, there is some overlap with the flexible working regime as the process and list of reasons for refusing a predictable work request are broadly similar.

However, a spokesperson for the Department of Business and Trade said “we do not want to confuse employers and workers with two different models, so we currently have no plans to bring this Act into force”. Instead, “we will introduce a new right to a contract that reflects the number of hours regularly worked”.

What does this mean for employers?

While the Act has been abandoned, the Employment Rights Bill is due to be published, and so the right may well form part of this forthcoming legislation.

Business Secretary Jonathan Reynolds said “the central driving force behind our plan to Make Work Pay is to deliver growth. Our Bill will modernise the world of work to create a better supported workforce, which will boost productivity and in turn create the right conditions for businesses to grow”.

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