Workers (Predictable Terms and Conditions) Act 2023

When does it take effect?

This law is expected to come into force during Autumn 2024.

What do we need to know?

• All workers will have the right to request (not demand) a predictable working pattern and employers must respond within 1 month of a request. There is likely to be a 26- week service requirement to exercise this right.
• Regulations providing more detail will be published in due course.
• On 25 October 2023, ACAS issued a consultation on a new statutory Code of Practice on handling requests for a predictable working pattern which will be used once this new law comes into force. Find out more here.
• The draft Code outlines a suggested procedure which broadly reflects the current flexible working request regime.
• The new law is targeted at zero hours and atypical workers but it will also cover workers who have a lack of predictability about their hours. This could include workers who have a minimum number of contractual hours that can be increased and varied from week to week.
• For employers with EU operations, this development should be tracked in conjunction with the EU Directive on Transparent and Predictable Working Conditions. The Directive provides more extensive rights for workers in the EU, particularly addressing insufficient protection for workers in more precarious jobs. Find out more here.

What do we need to do to prepare?

• Employers whose shift patterns vary or who engage zero-hours, minimum-hours or casual workers will need to start planning ahead and thinking about how requests would be managed.
• The Labour party has said that it would go a lot further in this area if it takes office after the election. It has committed to banning zero-hour contracts, giving a right to a regular contract to anyone working regular hours for 12 weeks or more and ensuring that all workers get reasonable notice of any change in shifts. Explore our update below for more detail on Labour’s pledges should they be elected.

Explore more updates in this issue of Employment Matters below.

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