20/09/2023

WORKERS (PREDICTABLE TERMS AND CONDITIONS) ACT 2023 (PREDICTABLE TERMS ACT) 

In Great Britain, the Workers (Predictable Terms and Conditions) Act 2023 (Predictable Terms Act) passed into law on 18 September 2023.

When in force, this Act will provide workers & agency workers (wider category than, but includes, employees) on atypical contracts the right to request a more predictable work pattern.

The process will be based on the current flexible working regime which many will be familiar.

The right will provide for:

• Two applications in 12-month period;

• Applications can be rejected on statutory grounds again based on flexible working grounds;

• Fixed term contracts of 12 months will have a right as these are presumed to lack predictability.

• Right based having worked set period before they can make their application, which is expected to be 26 weeks.

NB: Given the proposals aim to support those with unpredictable contracts, workers will not have had to have worked continuously during that period.

Legal claims will be able to be pursued on grounds of:

• procedural failings
• unlawful detriment and
• automatic unfair dismissal

It is expected that the Act and secondary legislation will come into force in approximately September 2024, to give employers time to prepare for the changes.

ACAS is producing a new Code of Practice that they will provide clear guidance on making and handling requests.

The aim of the Code is help workers and businesses understand the law and have constructive discussions around working arrangements that suit them both.

A draft Code will be available for public consultation in the coming weeks. The Government Press Release can be viewed here.

This right will only apply in GB.  Those operating in ROI may know of the EU Directive on Transparent and Predictable Working Conditions  which contains similar requirements.  And with the General Election and if that results in Labour. This may impact in this new right.

Employment law is devolved in Northern Ireland and with no Stormont that current means no new employment law.