Workers (Predictable Terms and Conditions) Act 2023

On 19th September 2023, the Workers (Predictable Terms and Conditions) Bill received Royal Assent and will come into force in September 2024. ACAS has launched a consultation on a draft statutory code on the handling of requests under the Act.

The Act gives all workers the legal right to request a predictable working pattern. Agency workers as well as workers engaged directly by the hirer can apply to the employment business or the hirer for a change of their terms and conditions in order to obtain a more predictable working pattern, if they believe that their current working pattern lacks predictability, in terms of working hours, days, or the duration of the contract in itself. This Act provides increased flexibility for workers on irregular contracts, including zero-hour contracts.

There is scope for hirers and employment businesses to turn down the requests, for example if granting the request would have a detrimental impact on customer demand or other staff, or if associated additional costs would represent too much of a burden for the business. However, employment businesses and hirers must deal with requests reasonably and workers must be informed of their decision within one month of the request.

If a request is granted, the new terms must be provided to the worker and implemented within two weeks. If requests are not dealt with reasonably, there is a risk that workers could bring a claim in an Employment Tribunal.