The Workers (Predictable Terms and Conditions) Act 2023 has received Royal Assent and is expected to come into force in September 2024. This act will introduce a new statutory right for workers to request a more predictable working pattern.
The highlights are:
- A qualifying period of 26 weeks service although they will not need to be continuous;
- A maximum of two applications can be made in any 12-month period;
- The right will apply to: workers whose existing work pattern lacks certainty in terms of the hours or time they work; workers on fixed term contracts of 12 months or less; agency workers;
- The application must specify the change being sought and the date it should take effect. The request for predictability could relate to: the period of the engagement; hours of work; days of work;
- Employer must deal with the request within a reasonable period of time and within a month;
- Requests can be refused on the specified grounds already in use for Flexible Working Requests but the Secretary of State reserves the right to add more;
- In the circumstances of a request being granted, the Employer must offer the new terms within two weeks. An Employer cannot make detrimental changes to any other terms and conditions at the same time as making the changes required as a result of granting the request for predictability.
A draft Code of Practice for consultation will be produced by ACAS.