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Millions of UK workers will have the right to predictable working hours as bill receives Royal Assent

20 September 2023

A bill giving workers on atypical contracts, including temporary, agency and zero-hours contract workers, more predictable working hours has received Royal Assent.

The Workers (Predictable Terms and Conditions) Bill was brought forward by Blackpool South MP Scott Benton and Baroness Anderson and supported by the government. Once a bill has completed all the parliamentary stages in both Houses, it is ready to receive royal assent. This is when the King formally agrees to make the bill into an Act of Parliament (law).

The Predictable Working Act introduces a right for workers to request a more predictable working pattern, intending to redress the power imbalance between some employers and workers in atypical work. It encourages workers to begin conversations with their employers about their working patterns.

If working patterns lack certainty regarding the hours or times worked, or if a fixed term contract is for less than 12 months. The worker can formally apply to change their working pattern to make it more predictable. Once a worker has made a request, their employer must notify them of their decision within one month.

In cases where requests are accepted, workers will have more predictable terms and conditions that better suit their circumstances, leading to higher job satisfaction. According to the government, this can lead to a range of benefits for businesses, including better staff retention, as workers will not need to look for a new role to secure a working pattern to meet their needs.

Business and Trade Minister Kevin Hollinrake said, "Although zero-hours contracts can often suit workers who want to work flexibly and employers whose needs vary, it is unfair for anyone to have to put their lives on hold to make themselves available for shifts that may never actually come - this Act helps to end the guessing game."

"A happier workforce means increased productivity, helping in turn to grow the economy, which is why we've backed these measures to give people across the UK more say over their working pattern," Hollinrake said.

The government expects the measures in the Act and secondary legislation to come into force approximately a year after Royal Assent to give employers time to prepare for the changes.

Matthew Taylor's 2017 review of modern working practices and the gig economy recommended introducing this policy, noting that it would support many workers who currently experience 'one-sided flexibility'.

Subject to parliamentary approval, all workers and employees will have this new right once it comes into force. However, they must first have worked for their employer for a set period before applying. This period will be set out in regulations and is expected to be 26 weeks.

Given the proposal's aim to support those with unpredictable contracts, workers will not have had to work continuously during that period.

In response to this legislation, the government has asked the Advisory, Conciliation and Arbitration Service (Acas) to prepare a new statutory code of practice to help workers and businesses understand the law and to provide guidance on how requests should be made and considered. Acas will launch a public consultation on a draft Code this autumn.

Acas Chief Executive Susan Clews said, "With the passing of the new Act, many workers will have the right to request more predictability around their working pattern should they wish to."

"Acas is producing a new code of practice that will provide clear guidance on making and handling requests," Clews said. "This will help workers and businesses understand the law and have constructive discussions around working arrangements that suit them both. Our draft code will be available for public consultation in the coming weeks, and we encourage all interested parties to respond and let us know their views."

Ben Willmott, Head of Public Policy at the Chartered Institute of Personnel and Development, said, "This new right will ensure that atypical workers can request a more predictable working pattern if they need more certainty, for example, over the hours they work each week. It should also prompt more employers to ensure that the flexibility in non-standard employment arrangements works for both the business and workers wherever possible, boosting their efforts to recruit and retain staff."

Christopher Hitchins, London managing partner and employment lawyer at Katten UK, said, "This change in the law is another tinkering to address the new types of working patterns that are associated with the "gig economy", to try to give workers a bit more certainty over their hours of work and income. These developments in the new law are an iterative process, for example starting with the ban on exclusivity clauses for zero hours' workers a few years' back. This new law is another 'right to request' – like the right to request flexible working from day one, which is due to come in some time in 2024 - which can be turned down by an employer with appropriate reasoning, not an outright right."