Upcoming: The Workers (Predictable Terms and Conditions) Act 2023

The government is introducing the statutory right for workers to request more predictable terms and conditions of work. Amendments to the Employment Rights Act 1996 will be made to include a new right for workers to apply for changes to their work pattern if there is a lack of predictability. The changes are anticipated to come into effect later in the year, pending any further updates from the new Labour government.

Eligibility for making a request applies to:

• workers with uncertain work hours
• those on fixed-term contracts of 12 months or less
• agency workers meeting certain conditions.

Workers may make two statutory requests within any 12-month period. 

The Act aims to address the unpredictability often associated with gig economy and agency work, providing a framework for workers to gain more control over their working conditions.

Considering a request under the Act is expected to involve the following steps:

1. The worker must submit a written request to their employer, specifying the desired change and the proposed effective date.
2. Employers are required to handle requests in a reasonable manner, considering the feasibility and potential impacts on the business.
3. Employers must notify the worker of their decision within one month of the request.
4. Employers may refuse requests based on several specified grounds set out in the Act, such as the burden of additional costs or insufficient work during the periods the worker proposes to work.
5. If a request is granted, employers must offer the new terms within two weeks of granting the request.
6. Employers cannot make detrimental changes to other contractual terms while making the changes required as a result of the approved request for predictability.

Next steps for employers:

Familiarise yourself with the details of the Act, and in preparation for it coming into force:

• assess and identify any updates to existing policies to meet the new standards for predictability and develop a formal process for handling requests
• consider how to communicate any future changes in policy and procedure to all employees
• identify how to keep thorough records of all requests and the reasoning behind granting or refusing them
• be ready to make necessary adjustments to work patterns when requests are approved
• regularly review practices to ensure ongoing compliance with the Act and any future changes.

Further information

Read full details on the legislation.gov.uk website.

In response to this new legislation, ACAS has prepared a draft statutory Code of Practice on handling requests for a predictable working pattern.

You can also read more about the Labour government’s plans.