The Workers (Predictable Terms and Conditions) Act 2023 is due to come into force in September 2024. It will give workers a new right to request a more predicable working pattern in terms of days, hours or times of work.
It will apply to any worker who currently has an unpredictable work pattern; somewhat bizarrely it will also apply to anyone engaged on a fixed term contract of twelve months or fewer as apparently a fixed term contract is deemed to be an unpredictable period of time.
Rather than referring to a service length provision (as the new legislation applies to workers, not just employees) there will be a “waiting period” for entitlement which is expected to be 26 weeks from the date of engagement, with a requirement that the individual must have worked for the organisation at least once in the month immediately prior to the end of the 26 weeks.
The procedure for making requests will be similar to that for flexible working:
- Two applications in any 12-month period will be permitted
- Employers will be able to decline requests on the statutory grounds:
- Burden of additional costs
- Detrimental effect on ability to meet customer demand
- Detrimental impact on the recruitment of staff • Detrimental impact on other aspects of the business (bit vague)
- Insufficiency of work during the periods the worker or agency worker proposes to work
- Planned structural changes
A decision must, however, be notified to the worker within one month of the request (unlike flexible working requests where the requirement is to give a response within two months).
Where the individual making the request is an employee, it will be automatically unfair to dismiss for making an application.
As with flexible working requests, there could also be a risk of indirect discrimination claims if a request from a woman, young person or person with a disability is rejected, even where this is on one of the statutory grounds for refusal.
HR Solutions can draft a suitable policy for you and advise you on how to consider predictable working pattern requests.
*Read the latest update for requesting a predictable work pattern here.
Update on requesting a predictable work pattern
There will also be a claim for a failure to follow the procedure with the award likely to be up to eight weeks’ pay.
