Workers (Predictable Terms and Conditions) Bill Receives Royal Assent

The Act confirms, amongst other things, the following:

• A worker can make two requests for predictable terms in any 12-month period and cannot make any other statutory applications (such as a flexible working request) while an existing application is live;
• The statutory request must be based on unpredictable working patterns that relate to the number of hours the worker works, the days and times they work or the length of their contract;
• The employer must deal with the request within one month of the request being made;
• The employer can reject the request on specific business grounds, such as a detrimental impact on the employer's business, planned structural changes or insufficient work during the periods that the worker proposes to work. They can also reject the application if the worker has ended their contract for a reason other than the employer's conduct or the employer has fairly terminated the worker's contract;
• If a request is granted, the employer must offer a new contract to the worker within two weeks from the date the request is granted. The new terms and conditions must be no less favourable than the worker's existing terms and conditions, and they must reflect the change relating to the worker's work pattern that was subject to the application; 
• If a worker has failed to attend a meeting to discuss their request, including any appeal and fails to attend a re-arranged meeting without good reason, their application will be considered withdrawn;
• A worker has the right to not be subjected to any detriment because they have made or intend to make a request or they have issued legal proceedings against the employer in relation to their request. 

Whilst employers should be mindful of the proposed changes, the Act is not expected to come into force until around September 2024, giving employers time to prepare for the changes.

Once the ACAS consultation period closes and the Code of Practice is finalised, employers should look to implementing appropriate policies and procedures to deal with requests for predictable terms in advance of the Act coming into force.