For some time, the issue of 'one-sided flexibility' has been under the spotlight. One-sided flexibility arises where a worker or agency 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:
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.
Workers will be able to make a request direct to their employer. Depending on the circumstances, agency workers will be able to make their request either to:
Workers or agency 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 both workers and agency workers will need to have accrued more than 26 weeks' service before qualifying for the right.
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 and agency workers will be protected from detriment as a result of having made a request. Employees will also qualify automatic unfair dismissal rights if they are dismissed as a result of making a request.