The Answer
The Worker (Predictable Terms and Conditions) Bill received Royal Assent on 18 September 2023, and will grant workers the right to request predictable working patterns when their arrangements are unpredictable. This includes when the number of hours worked each week are uncertain, when an employee is a zero-hour worker, or if it is a fixed-term contract of less than 12 months. When a request is made, an employer must make a decision on this request within 1 month of it being raised.
The Risk/ Threat
Just as with refusals for flexible working requests, it is more than likely that the worker would be able to complain to an employment tribunal if the employer did not handle the request in a reasonable manner, dismissed or treated the worker poorly because of their request, or rejected an application based on incorrect facts. Employers should also note that they must await further Government guidance on possible consequences if they breach these provisions.
What You Need To Do
This marks a totally new employment right for workers. The Government anticipates that the new right will come into force roughly one year after Royal Assent was given. In order for employers to prepare for this change, they should look to draft a policy on the matter - utilising HR support and guidance where needed, once regulations and a statutory code have been introduced.
If you require any further assistance, please do not hesitate to contact our HR/Legal Advice Line on 01455 852 028.
