Predictable Terms and Conditions – The New Law

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The Workers (Predictable Terms and Conditions) Act 2023 is a new piece of legislation that will give workers and agency workers the right to request a more predictable work pattern. The Act is expected to come into force in around September 2024.

The purpose of the Act is to give workers more control over their working lives and to improve their work-life balance. The Act is also intended to help businesses to retain staff and to improve their productivity.

The Act will give workers the right to request a more predictable work pattern if  there is a lack of predictability as regards any part of their work pattern and they have at least 26 weeks’ continuous service with their employer. The worker can request a change to their start and finish times, the number of hours they work, the days of the week they work, or a combination of these factors.

The employer must consider the worker’s request in good faith and must respond to the request within 28 days. The employer can refuse the request, but they must provide a written explanation of their reasons.

If the worker is unhappy with the employer’s decision, they can appeal to an employment tribunal. The tribunal will consider the reasonableness of the employer’s decision and may order the employer to change the worker’s working pattern.

Examples of what could be classed as a predictable work pattern

The Act does not define what constitutes a predictable work pattern. However, examples of what could be classed as a predictable work pattern include:

• A fixed working week, such as Monday to Friday, 9am to 5pm.
• A regular shift pattern, such as working three days a week from 8am to 4pm and two days a week from 12pm to 8pm.
• A guaranteed minimum number of hours per week.
• A right to refuse shifts outside of a certain time period, such as evenings or weekends.

How employers can manage unpredictable work patterns

There are a number of ways that employers can manage unpredictable work patterns. These include:

• Using a shift pattern planning system. This can help employers to ensure that employees have a fair and predictable work-life balance.
• Offering employees the opportunity to swap shifts. This can give employees more flexibility in their working hours.
• Offering employees the opportunity to work from home. This can help employees to reduce their commuting time and to have more control over their working hours.
• Providing employees with training on how to manage their time effectively, and to be flexible about their roles. This can help employees to cope with unpredictable work patterns.

Human Resources Managers may also want to consider the following:

• The impact of the Act on your business. Employers should consider how the Act will impact their business operations and profitability. They may also need to consider making changes to their staffing levels or to their working practices.
• The views of your employees. Employers should consult with their employees to get their views on the Act and on how it should be implemented. This will help to ensure that the Act is implemented in a way that is fair to both employees and the business.
• The guidance from Acas. Acas guidance is expected to be published in good time for the implementation of the new law and should be taken into account.

How can HR managers prepare?

The Workers (Predictable Terms and Conditions) Act 2023 is a significant piece of legislation that will give workers more control over their working lives. Human Resources Managers should take steps to prepare for the implementation of the Act:

• Review your company’s policies and procedures to ensure that they comply with the Act. This includes reviewing your policies on working hours, shift patterns, and annual leave.
• Communicate the new rights to your managers. Consider whether additional training will be needed for line managers to support them in dealing with these requests.
• Develop a process for dealing with requests for a more predictable work pattern. This process should be fair and transparent.
• Be prepared to negotiate with employees who make requests for a more predictable work pattern. You should try to reach an agreement that is fair to both the employee and the business.
• Keep records of all requests for a more predictable work pattern and the reasons for any refusals. This information may be required if the employee appeals the employer’s decision to an employment tribunal.

Guest content provided by Keelys Solicitors. Written by: Ian Pettifer, Solicitor, Keelys LLP

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