Employees to gain right to request predictable working patters

Workers on atypical contracts such as zero-hours contracts will able to demand more predictable patterns of work following the Predictable Working Act gaining Royal Assent.

The Act gives workers the right to request a predictable working pattern from their employers and aims to redress the balance of power between businesses and members of their workforce who do not work consistent, regular hours. The Act aims to balance the need for flexible working options for both employees and businesses, while addressing unfair practices.

Business and Trade Minister Kevin Hollinrake said:

“Although zero hours contracts can often suit workers who want to work flexibly and employers whose needs vary, it is unfair for anyone to have to put their lives on hold to make themselves available for shifts that may never actually come – this Act helps to end the guessing game.

“A happier workforce means increased productivity, helping in turn to grow the economy, which is why we’ve backed these measures to give people across the UK more say over their working pattern.“

Under the new rules if a worker’s existing working pattern lacks certainty in terms of the hours they work, the times they work or if it is a fixed term contract for less than 12 months, they will be able to make a formal application to change their working pattern to make it more predictable. Once a worker has made their request, their employer will be required to notify them of their decision within one month. The new rules are expected to come into effect in around 12 months times.

Ben Willmott, Head of Public Policy at CIPD said:

“This new right will ensure that atypical workers can request a more predictable working pattern if they need more certainty, for example, over the hours they work each week.

“It should also prompt more employers to ensure that the flexibility in non-standard employment arrangements works for both the business and workers wherever possible, boosting their efforts to recruit and retain staff.”

The Workers (Predictable Terms and Conditions) Act 2023 follows a number of other changes to worker’s rights legislation being brought forward in recent months, including better protection and support for pregnant women and new parents, the ability to request flexible working from day one, and protection for workers in the hospitality sector to ensure that tips and service charges are paid to staff in full.

Acas Chief Executive Susan Clews said:

“With the passing of the new Act, many workers will have the right to request more predictability around their working pattern should they wish to.

“Acas is producing a new Code of Practice that will provide clear guidance on making and handling requests. This will help workers and businesses understand the law and have constructive discussions around working arrangements that suit them both. Our draft Code will be available for public consultation in the coming weeks and we encourage all interested parties to respond and let us know their views.”