The Workers (Predictable Terms and Conditions) Act 2023, will give workers and agency workers the right to request a predictable work pattern. Consultation on an ACAS Code of Practice supporting this new right is likely to start in the near future.
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By Ceri Fuller & Hilary Larter
|Published 06 October 2023
The Workers (Predictable Terms and Conditions) Act 2023, will give workers and agency workers the right to request a predictable work pattern. Consultation on an ACAS Code of Practice supporting this new right is likely to start in the near future.
The Predictable Terms Act was introduced via a private members' bill as a measure to reduce the "one sided flexibility" affecting workers in the gig economy, such as zero hours and casual workers, who sometimes remain on insecure contracts for long periods of time.
The Act will give workers and agency workers the right to request a predictable work pattern where:
The mechanism for applications is similar to that for flexible working applications. Two applications may be made in a 12 month period and the employer must consider applications in a reasonable manner. Applications may be rejected on prescribed statutory grounds. There is likely to be a 26 week minimum service requirement. Workers will be able to bring claims for breach of the Act based on procedural failings by the employer, unlawful detriment, and automatic unfair dismissal.
Regulations will provide further details of the statutory regime, and ACAS will produce a draft code of practice providing guidance on making and handling requests. We understand a draft will be available for consultation soon. This should help employers prepare for the new legislation.
Millions get more power over working hours thanks to new law | Press release (gov.uk)
Ceri Fuller
Legal Director
London
Hilary Larter
Consultant
Leeds