Workers (Predictable Terms and Conditions) Act 2023
Employment Update By Kate Palka
These regulations are due in September 2024. They give workers and agency workers the right to request a predictable work pattern.
This will apply where:
- There is a lack of predictability for a work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
- Their purpose in applying for the change is to get a more predictable work pattern.
A worker can apply twice in a 12-month period and a response must be given within a month. The employer can reject an application on statutory grounds, for example: the burden of additional costs or the insufficiency of work during periods when the worker proposes to work.
The regulations stipulate a minimum service requirement of 26 weeks.
Workers can bring claims for procedural failings by the employer, unlawful detriment and automatic unfair dismissal.
Acas has produced a new code of practice to provide guidance on making and handling requests.
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