STAFF MATTERS: Dealing with requests for predictable work schedules
Register for free to read more of the latest local news. It's easy and will only take a moment.
In a move to boost the rights and stability of UK workers, the Workers (Predictable Terms and Conditions) Act 2023 recently received Royal Assent.
This offers employees the right to request a more predictable working schedule. This legislation seeks to empower those engaged in non-standard employment arrangements, allowing them to engage in discussions with employers about their work schedules without fear of repercussions.
This government-backed law, part of a broader wave of recent workers’ rights enhancements, is poised to bring substantial changes to the UK’s employment landscape. It addresses the issues faced by workers in the evolving gig economy, characterised by precarious work arrangements and ‘one-sided flexibility.’ This phenomenon often leaves workers on standby for work that never materialises, resulting in inconsistent income and financial instability.
The Workers (Predictable Terms and Conditions) Act 2023 has its roots in the Good Work Plan, published in December 2018 and implemented in April 2020. The plan It proposed various changes to employment practices, including a right for workers to request more stable contracts after 26 weeks of service. This right to request predictability will apply to workers whose existing schedules lack certainty, such as retail and hospitality employees, those on fixed-term contracts of 12 months or less (eg, seasonal workers and supply teachers), and agency workers who meet specific qualifying conditions. The process for handling predictable working requests closely mirrors that of flexible working requests, with similar grounds for rejection.
The issue with flexible working is that the penalty for employers who fail to address requests is virtually non-existent, relying on discrimination legislation, as, in the main, requests for flexible working come from female employees. However, for predictable working pattern requests, the maximum penalty for non-compliance is eight weeks’ pay, which may not be a significant deterrent for some employers.
While declining predictable working requests may be less risky, employers should consider the potential reputational impact. Following best practices and using data to make fair and appropriate decisions is crucial.
One challenge remains the lack of a clear definition for “predictable.” Many employment contracts contain elements of unpredictability, leaving employers to determine which workers fall under this legislation.
The Act is expected to come into effect in September 2024. In preparation for the upcoming legislation, employers should consider reviewing and updating their existing policies, evaluating the practicality of current work schedules and implementing tracking systems, communicating the newly granted rights to their workforce, and staying informed about the forthcoming Acas Code of Practice, which will offer essential guidance on handling predictable working requests.
James Tamm is director of legal services at WorkNest.
