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 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:

• there is a lack of predictability regarding any part of their working pattern,
• the change relates to their work pattern, and
• 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 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:

• the temporary work agency, if they have a contract with the agency to personally perform work or services in the month before the application is made, or
• the hirer, If they have been working for them for at least 12 continuous weeks, and remain working for them at the time the application is made.  

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.

For more information or advice, please contact Lorna Scully in our Employment Law team on 0121 227 3719, or complete the form below.