[UK] Preparing for new predictable hours legislation

2023 has seen the introduction of a host of new laws ushering in new rights for workers in the UK. The latest of these is The Workers (Predictable Terms and Conditions) Act 2023, which has now received Royal Assent, HR Magazine summarises everything HR needs to know.

Under the new law, all workers - including those on temporary or zero-hours contracts - gain the legal right to request a predictable working pattern if they satisfy certain eligibility criteria.

Workers will reportedly be able to make a formal application to change their working pattern to make it more predictable if their existing working pattern lacks certainty with regard to the hours worked, the times worked, or if they are working under a fixed-term contract for less than 12 months.

Requests can be refused if they are for one of the prescribed grounds for refusal. These include the burden of additional costs, insufficiency of work during the periods the worker is requesting to work or cases where there will be a detrimental effect on the business’s ability to meet customer demand.

Employees will need to have 26 weeks of service before they can make a request for more predictable working hours. However, this requirement has yet to be confirmed.

This brand-new right, however, seems at odds with recent calls for employees to have further flexibility in how they work which also resulted in new legislative changes to flexible working requests.

The process for employers dealing with requests for a predictable working pattern shares common ground with the process that should be used when dealing with requests for flexible working but there is one key difference.

Employers only have one month from the time they receive a request for a predictable working pattern in which to notify the employee of their decision while under the proposed changes to flexible working legislation, employers will have two months to respond to requests. A reduction from the current three months.

This new right will impact some employers more than others. The most impacted will be those who have zero-hours contract workers.

It is, nevertheless, important that all employers are up to date with all new legislation and communicate the new rights that employees have to their workforce before they become law.

It has not yet been confirmed when these new measures will come into force, however, it is expected to be around a year from now.

Acas will reportedly produce a code of practice to provide further guidance on making and handling requests.

The draft of this code is expected to be available for public consultation in the autumn. Following the consultation period, the code will then be finalised and published ahead of the act and any secondary legislation coming into force.  

HR Magazine advises HR to look at all current policies and work out what changes are needed to bring them into line with the new legislation.

The publication states that it is important for employers and HR to start preparing now with the ongoing cost of living crisis making it likely that employers with zero-hours contract workers will see an influx of requests for predictable working patterns as people seek job security and a regular income.

Consider what kind of working patterns would be sustainable and practical for your business and put systems and processes in place to ensure that you are ready when the legislation takes effect.

When requests do come, have open and honest discussions with employees and respond to all requests in a timely manner.

Source: HR Magazine

(Links via original reporting)

2023 has seen the introduction of a host of new laws ushering in new rights for workers in the UK. The latest of these is The Workers (Predictable Terms and Conditions) Act 2023, which has now received Royal Assent, HR Magazine summarises everything HR needs to know.

Under the new law, all workers - including those on temporary or zero-hours contracts - gain the legal right to request a predictable working pattern if they satisfy certain eligibility criteria.

Workers will reportedly be able to make a formal application to change their working pattern to make it more predictable if their existing working pattern lacks certainty with regard to the hours worked, the times worked, or if they are working under a fixed-term contract for less than 12 months.

Requests can be refused if they are for one of the prescribed grounds for refusal. These include the burden of additional costs, insufficiency of work during the periods the worker is requesting to work or cases where there will be a detrimental effect on the business’s ability to meet customer demand.

Employees will need to have 26 weeks of service before they can make a request for more predictable working hours. However, this requirement has yet to be confirmed.

This brand-new right, however, seems at odds with recent calls for employees to have further flexibility in how they work which also resulted in new legislative changes to flexible working requests.

The process for employers dealing with requests for a predictable working pattern shares common ground with the process that should be used when dealing with requests for flexible working but there is one key difference.

Employers only have one month from the time they receive a request for a predictable working pattern in which to notify the employee of their decision while under the proposed changes to flexible working legislation, employers will have two months to respond to requests. A reduction from the current three months.

This new right will impact some employers more than others. The most impacted will be those who have zero-hours contract workers.

It is, nevertheless, important that all employers are up to date with all new legislation and communicate the new rights that employees have to their workforce before they become law.

It has not yet been confirmed when these new measures will come into force, however, it is expected to be around a year from now.

Acas will reportedly produce a code of practice to provide further guidance on making and handling requests.

The draft of this code is expected to be available for public consultation in the autumn. Following the consultation period, the code will then be finalised and published ahead of the act and any secondary legislation coming into force.  

HR Magazine advises HR to look at all current policies and work out what changes are needed to bring them into line with the new legislation.

The publication states that it is important for employers and HR to start preparing now with the ongoing cost of living crisis making it likely that employers with zero-hours contract workers will see an influx of requests for predictable working patterns as people seek job security and a regular income.

Consider what kind of working patterns would be sustainable and practical for your business and put systems and processes in place to ensure that you are ready when the legislation takes effect.

When requests do come, have open and honest discussions with employees and respond to all requests in a timely manner.

Source: HR Magazine

(Links via original reporting)