Government Backs Bill to Introduce Right to Request Predictable Working Pattern

What Is the Workers (Predictable Terms and Conditions) Bill?

For some time, the issue of 'one-sided flexibility' has been under the spotlight. One-sided flexibility arises where a worker has no guaranteed work but is expected to be available at short notice to work when required. The Workers (Predictable Terms and Conditions) Bill was introduced last year. If passed, workers and agency workers will have the right to request a predictable work pattern where:

• there is a lack of predictability regarding any part of their working pattern
• the change relates to their work pattern
• the reason for requesting the change is to get a more predictable work pattern

Fixed term contracts of 12 months or less are assumed to lack predictability for the purposes of these proposed new rules. This means that workers and agency workers may soon be able to use this framework to request an extension to their fixed term contracts.

The Government has now confirmed that it supports the Bill which has passed its second reading in the House of Commons.

How Will the New Statutory Framework Work?

Workers who qualify for the right to request a predictable working pattern will be able to make two requests per 12 months. The Government has indicated that it will introduce a service requirement to access the right, so that it is available to workers with more than 26 weeks' service. The framework will look similar to the flexible work request framework, in that there will be a set process to follow in order to make and respond to a request. Employers will also have limited statutory reasons for rejecting a request. Workers will also be protected from detriment or dismissal as a result of having made a request.

For more information or advice on the Workers Bill, please contact Michael Halsey in our Employment team on 07554 432 829, or complete the form below.