Right to a predictable working pattern

Further regulations are required to iron out some of the outstanding details and explain how the new law will operate, but it is expected that this Act will come into force around September 2024. 

In preparation we thought we’d share with you the most common Q&As we’ve had so far. 

About the The Workers (Predictable Terms and Conditions) Act 2023

The Workers (Predictable Terms and Conditions) Act 2023, which received Royal Assent in September 2023, is a new piece of legislation in the UK aimed at giving workers and agency workers more control over their working patterns and terms of employment. This Act stems from concerns about the increasing prevalence of atypical work arrangements, such as zero-hours contracts, unpredictable shifts, and short notice changes to working hours. These practices can make it difficult for workers to plan their lives, manage childcare, and access essential services.

Common questions about the new ‘right to a predictable working pattern’

What rights does this new legislation grant and when does it come into force?

It applies to all workers and employees, including agency workers. Those who are eligible will have the statutory right to formally request a more predictable working pattern where their existing pattern lacks certainty in terms of the hours that they work, the times of day that that they work or where they’ve been hired on a fixed-term contract of less than twelve months.

When does a worker qualify for the right to a predictable work pattern?

Unlike many other statutory rights, the right to request a more predictable working pattern will not be a day one employment right. Instead, it is anticipated that this new statutory right will apply where an individual has worked for the employer for a period of 26 weeks in total; not 26 weeks continuously. 

How many requests can a worker make?

Eligible workers will be able to make two formal requests for a more predictable working pattern each year. Once a request is received, the employer will be required to make a decision about the request within one month.

Can I reject a request?

Employers will be able to refuse a request for a more predictable working pattern on specific grounds. These will include the burden of additional costs and insufficient work being available.

How do I process a request?

ACAS has been tasked with drafting a new statutory Code of Practice which will help employers and workers understand the new right to request a predictable working pattern introduced by The Workers (Predictable Terms and Conditions) Act 2023, and provide guidance on how requests should be made and considered. Once we know more, Spectra will keep you updated as always. 

For more information contact your Spectra HR consultant if you are a client, if you are not a client contact enquiries@thespectragroup.co.uk

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