A Legal Right to Request a Predictable Working Pattern

If passed, the Bill will give a worker, who the same employer has employed for a ‘prescribed’ of time, the right to apply to their employer for a change in terms and conditions where:  

1. There needs to be more predictability about any part of their work pattern (fixed-term contracts of 12 months or less are presumed to lack predictability).
2. The change relates to their work pattern.
3. Their purpose in applying for the change is to get a more predictable work pattern.

There is currently no clarity as to what is meant by a ‘prescribed’ period, but it is anticipated to mirror the current flexible working regime of 26 weeks’ employment;

A work pattern is likely to include the number of working hours, the working days, the working time and the period the worker is contracted for.

If passed, the Bill will allow workers to make two applications within 12 months. Employers have the option to refuse a request, but they must deal with the application reasonably and respond within one month of the application.

An application may only be rejected for specific business reasons, such as the burden of additional costs or the detrimental impact on the ability to meet customer demand or recruitment of staff, for example.

The Bill is currently receiving government support and progressing through parliamentary stages. If the Bill is passed and becomes law, an employer who fails to follow the correct procedure when dealing with a right to request a predictable working pattern may have an Employment Tribunal claim brought against them.

An Employment Tribunal claim could result in an order for reconsideration of the application or an order for compensation.

The level of compensation is yet to be clarified, but it is anticipated that it would be similar to the award of compensation under the flexible working regime of 8 weeks’ pay.