This Bill has received royal assent in the last couple of months and is expected to come into force in September 2024. We updated you in our Newsletter 2023 Issue 2 (here) on this Bill. In summary, when it comes into effect, this Act will:
- Provide the right for workers (including agency workers) with (likely) 26 weeks’ service to request a predictable working pattern if 1. they have an unpredictable pattern in relation to hours or times of work or 2. they are on a fixed-term contract of less than 12 months.
- Allow workers to make two applications in any 12-month period to have a more predictable working pattern in relation to their hours, days, or any other aspect that could be set out in further regulations. Those workers with a fixed term contract can make a request that the term is extended so that the contract is longer than 12 months or becomes permanent.
- Require employers to deal with any requests in a reasonable manner and notify the worker of their decision within one month.
- Allow employers to refuse the applications on any of several specified grounds (which are also almost exactly the same as those by which a flexible working request can be refused). More grounds may be added but currently these are:
- 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 employer’s business
- Insufficiency of work during the periods the worker proposes to work
- Planned structural change
If a request is granted, employers must offer the new terms within two weeks of granting the request. Employers cannot make detrimental changes to other contractual terms at the same time as making the changes required as a result of the approved request.
The maximum penalty for failing to deal with a request for a predictable working pattern will be eight weeks’ pay.
ACAS has published a consultation on a draft Code of Practice on handling these applications (see ‘Consultations/ACAS Consultation – Predictable Working Patterns’ in this Newsletter).
