One of the key recommendations of the Taylor Review in 2017 was the introduction of measures to address the problem of "one-sided flexibility" where a worker has no guarantee of work but is expected to be available at very short notice when required. 
 

The government announced on 3 February 2023 that it is supporting the Workers (Predictable Terms and Conditions) Bill, a Private Members' Bill sponsored by Scott Benton MP. The Bill had its first reading in the House of Commons on 20 June 2022 and passed its second reading last week.   If passed, as now looks likely,  the Bill would amend the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern where:

 

-  There is a lack of predictability as regards any part of their work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
-  The change relates to their work pattern; and
-  Their purpose in applying for the change is to get a more predictable work pattern. 

Two applications may be made in a 12-month period. The government press release suggests that a service requirement to access the right, expected to be 26 weeks, will be specified in regulations. 

 

The Bill largely mirrors the statutory framework for flexible working applications. Employers, temporary work agencies or hirers (as the case may be) would be able to reject applications based on statutory grounds. Workers and agency workers would have the right not to suffer a detriment short of dismissal for making an application under the procedure or for bringing proceedings to enforce the statutory right to request a predictable work pattern. It would also be automatically unfair to dismiss an employee for making an application under the statutory procedure or for bringing proceedings to enforce the statutory right.

 

The Bill does not however go as far as some of the proposals of the Taylor Review and subsequent consultation suggested, which included the right to reasonable notice of working hours and compensation for shift cancellation or curtailment without reasonable notice.