An Employment Law Change Aimed at Worker Security
September 2024 will see the introduction of The Workers (Predictable Terms and Conditions) Act 2023, a pivotal change in UK employment law.
Understanding the Act
What is The Workers (Predictable Terms and Conditions) Act 2023?
This legislation grants all UK workers, especially those on zero-hours, fixed-term contracts of less than 12 months, and temporary contracts including agency workers, the legal right to request a more predictable working pattern.
Requests for Predictability: How and What?
The new statutory right enables workers to request more predictable work patterns, focusing on certainty in work hours and times. Workers must submit these requests in writing, and employers are required to respond within a month. Although requests can be declined, employers must base their decisions on specific grounds such as additional costs or insufficient work.
Grounds for Refusing Requests
Employers can refuse requests for predictable working patterns based on:
- Burden of Additional Costs
- Inability to Reorganise Work Among Existing Staff
- Inability to Recruit Additional Staff
- Detrimental Impact on Quality or Performance
- Insufficiency of Work During Requested Periods
It’s crucial for employers to handle these requests reasonably (though the definition of ‘reasonable’ is yet to be clarified) and notify workers of their decision within a month.
Industries Most Impacted
This Act will notably affect sectors like hospitality, retail, healthcare, education, the gig economy, and industries with project-based or seasonal work. These industries will need to carefully balance operational needs with workers’ new rights.
Practical Steps for Employers
- Understand the New Law: Educate yourself and your team about the Act’s specifics.
- Train Your Team: Prepare your HR and management teams to respond appropriately to requests.
- Audit Your Business: Assess how many staff could be impacted by this change.
- Review Contracts and Work Patterns: Anticipate potential requests and plan how to accommodate them.
- Stay Informed: Look out for the upcoming Acas Code of Practice for more guidance.
Need Advice, Training or an Employment Law Update?
For bespoke training or advice on this topic, reach out to us at [email protected]. For further information or support with Employment Law or HR, visit our website at www.orchardemploymentlaw.co.uk.