Proposed New Statutory Right For Eligible Workers To Request A More Predictable Working Pattern

The Workers (Predictable Terms and Conditions) Bill (Workers Bill) looks to allow workers (including agency workers) a new statutory right to request a more predictable working pattern.

This comes after the Taylor Review of Modern Working Practices and the resulting 2018 Good Work Plan, where the Government committed to introduce policies to help workers have more certainty in their working patterns.

What does the Workers Predictable Term and Conditions Bill (“Predictable Working Pattern Bill”) propose?

The Predictable Working Bill will allow eligible workers the right to request a more predictable working pattern where:

There are certain requirements, such as the application must say that it is a request for a more predictable working pattern. The application must also specify the change applied for and the date on which it is proposed it should take effect.

However, it is important to note the Predictable Working Bill does not include other earlier Government commitments to introduce a right to reasonable notice of working hours and compensation for shifts cancelled without reasonable notice.

Who is eligible to apply?

In order for an employee to be eligible to apply to change their working pattern they need to have worked for the same employer for 26 weeks, although this does not have to be continuous.

Agency workers who fill out applications directly to their line manager will have to have worked for their employer for at least 12 weeks continuously during that 26 period. Agency workers may also be able to apply to the employer for a contract of employment or other worker’s contract, as this is likely more predictable than their current working pattern.

Predictability

Currently, in the Predictably Working Bill, there is no definition of ‘predictability’, although it does state that workers who are on a fixed term contract of 12 months or less would have the right to request that the term is either extended or becomes permanent. Apart from that, it seems that a ‘lack of predictability’ will cover any employee who does not have set hours or days and does not provide certainty. For example:

What should I be doing as an employer?

As an employer, currently, there is no legal obligation to agree to a request for a predictable working pattern. However, as an employer, you should deal with the application in a reasonable manner and also give your response within one month. There are several reasons an employer may reject an application, such as if it:

The requirements still apply if the worker’s contract ends during the one-month ‘decision period.’ Although employers can still reject requests if grounds show for acting reasonably in dismissing for misconduct or redundancy.

It is important to note that an employee can bring an Employment Tribunal claim if the employer fails to follow the requirements listed above. If the employee’s claim is successful then this could mean reconsideration of the request or even compensation. The considerable amount of compensation will be set by regulations and it could even be limited to eight weeks’ pay, the same as under the flexible working regime.

Comment

At the time of writing, there has been no indication of when the Predictable Working Bill will be implemented. Also, some of the details of how the right to request will operate in practice still need to be set out in separate regulations.

The Predictable Working Bill only provides for eligible workers to have the right to ask for a more predictable working, it does not provide a legal right to a predictable working pattern. However, businesses that do have employees or workers working an unpredictable working pattern will need to put in place procedures and policies for those who would like to make requests.

Employers should also be aware that if a person’s employment status is unclear then that person may claim worker status while also putting in an application for a more predictable working pattern.