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Government Reforms: Predictable Work Patterns

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The Workers (Predictable Terms and Conditions) Bill introduces the right for workers (including agency workers) to request a predictable working pattern once they have worked for the employer for a certain time (likely to be 26 weeks).

The right to request a predictable work pattern arises where:

  • There is a lack of predictability regarding any part of the worker’s ‘work pattern’ (including factors such as hours, days and times of work);
  • The change relates to their work pattern; and
  • The reason for requesting the change is to get a more predictable work

Additionally, where a worker is on a fixed-term contract of less than 12 months, they may request that the term is extended so that the contract is longer than 12 months or becomes permanent.

 

There is no obligation on the employer to agree to a request, but the employer must deal with the application in a reasonable manner and must respond within one month. Employers with staff working unpredictable patterns will therefore need to design policies and procedures to deal with such requests. Workers will be able to make up to two requests a year and employers may only be refuse the request for specific reasons (which largely reflect the list of permitted employer reasons for refusing a flexible working request).

The Bill has passed its second reading in the House of Commons and although there is currently no set date for when it will become law, this is most likely to be early 2024.

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