It was announced on 3 February 2023 that the government was supporting the Workers (Predictable Terms and Conditions) Bill 2022-23. This Bill would allow for workers and agency workers to request a predictable working pattern.
This suggestion was first made in the Good Work Plan in 2018 and backed by the Conservative Party in their 2019 manifesto. The aim of this Bill is to address the issue of “one-sided flexibility”. This is the idea that a casual worker is expected to be completely flexible and available for work at very short notice but not actually be guaranteed any consistent work. This unpredictability can lead to income insecurity.
The proposed framework for making and dealing with these requests is very similar to the existing flexible working statutory framework. The Bill, if passed, would only apply to workers and agency workers and it is likely that they will need to have at least 26 weeks’ service to make a request, but this is still to be confirmed.
Workers will be able to make a request if their current work pattern “lacks predictability”. Unhelpfully, the current Bill does not define what is meant by predictability.
This right will not apply to workers who are on fixed term contracts of less than 12 months. In these circumstances it is presumed that there will be a lack of predictability. But it would be possible for workers to request that the contract be extended so that a predictable work pattern request can be made.
When employers receive such a request they will need to keep an open mind and really consider whether the request can be accommodated. If the employer decides to reject the request, there are a set list of reasons for rejection which are the same as those found in the flexible working rules. One key way that the proposed predictable work pattern rules differ from flexible working is that it is possible for employees to make two requests within the same 12 month period. Whereas only one flexible working request can be made in the same time frame.
This Bill is currently still making its way through the House of Commons and is unlikely to be in place before next year so employers need not take immediate action. It would be worth thinking about working practices and how this right could impact your organisation sooner rather than later in order to minimise its effects. Organisations which rely on seasonal and casual workers would be well advised to look at working patterns and see if contracts could be changed in advance of the legislation coming into effect.
If you have any questions on any of the issues raised in the above article, please contact Natalia Milne.