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The Workers (Predictable Terms and Conditions) Act 2023 (“Act”) is expected to come into force in September 2024, having received Royal Assent. The Act will provide workers and agency workers with the right to request more predictable terms and conditions of work.
As with the right to make a Flexible Working Request, the request by the worker or agency worker will be subject to complying with requirements set out in the Act. The right to make a request will exist for those engaged under a fixed term contract for 12 months or less, agency workers (whose application can be made to the hirer or agency, subject to requirements in the Act), or workers whose pattern of work lacks certainty. The request will be subject to a qualifying period and the requested change could relate to hours, days and times worked or the period of time for which the worker is to be engaged.
The Act currently provides for six reasons for refusal of the request; the burden of additional costs, detrimental effect on ability to meet customer demand, detrimental impact on the recruitment of staff, detrimental impact on other aspects of the employer’s business, insufficiency of work during the periods the worker proposes to work, planned structural changes, and such other grounds as the Secretary of State may specify by regulations.
An application must state that it is an application under the Act, and specify the change applied for along with confirming the date on which it is proposed the change should become effective.
A request will need to be responded to within one month and, if the request is granted, the new arrangements should be implemented within two weeks following the approval.
Failure to comply with the requirements of the Act by an employer, could give rise to a claim in the Employment Tribunal. The Employment Tribunal could then make a direction for the request to be reconsidered and/or award compensation. The cap on compensation is yet to be determined.
Acas are expected to produce a Code of Practice in due course with guidelines on how a request under the Act should be dealt with.
We will be providing further updates on this topic as and when they are announced.
If you require legal advice on the content of this article, speak to a member of our employment team on 01689 887 887.