The Government have proposed legislation to ensure casual workers have more predictable working hours.
If the proposed legislation becomes law, it will grant temporary, casual, and agency workers the legal right to request a more certain pattern of work. It will provide them with the same rights and protection that other employees currently have. The impact on employers and recruiters is that they will no longer be able to rely on the current one-sided status quo, and they will have to create new workable business systems.
The legislation will amend the Employment Rights Act of 1996. The workers will have the ability to request a more predictable working pattern that covers the following areas. The days of the week the worker will work, the number of hours worked, start and finish times and the time frame for which the worker has been hired. The legislation may prescribe other guidance on patterns. Any contract with a term of less than 12 months will be deemed unpredictable.
The workers will have to state in their request the changes they want the employer to implement with the result of having a more predictable working pattern. Two requests will be permitted within a 12-month period. The legislation will have a qualifying period of six months service before any request can be made by a worker.
Employers will have to consider the request by holding a meeting with the worker. If an employer feels they cannot accommodate the request, they will be able to refuse the request. The reasons the employer may provide include insufficient work, detrimental impact on the business, and the ability to meet customer demand. Employers who refuse a claim without good reason risk an Employment Tribunal claim for automatic unfair dismissal if the detriment is due to the employee exercising a statutory right. The legislation will require the employer to assess the request and reply to the worker within one month of the worker giving them the request.
The legislation will require the employer to consider a request even if the worker has ceased their contract. A special provision will be made in the legislation where a worker is a bad leaver, in this case the employer will not have to consider the request. Employers will have to be mindful of favouring employees, as this could open an allegation of discrimination based on a protected characteristic.
Employers should act by implementing a fair procedure to assess requests to ensure a fair and non-discriminatory outcome. Plan forward; this will keep you out of the Employment Tribunals.
This article is only for guidance. Should you have a legal inquiry, please contact the Quest advice line for specific advice and guidance on 0116 274 9193.
