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Workers (Predictable Terms and Conditions) Bill receives Royal Assent

Predictable Terms Act to become law.

Andrew Collier
Andrew Collier HR Adviser
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This week saw the much heralded "Workers (Predictable Terms and Conditions) Bill" received Royal Assent, thus becoming the particularly catchy legislation named the Workers (Predictable Terms and Conditions) Act 2023 (Predictable Terms Act).
 
The Act will amend the Employment Rights Act 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.
 - 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 and applications may be rejected on statutory grounds. A minimum service requirement to access the right, expected to be 26 weeks, will be specified in regulations. Claims will be possible based on procedural failings by the employer, unlawful detriment and automatic unfair dismissal. Regulations will provide further details of the statutory regime.
 
The Predictable Terms Act and secondary legislation are expected to come into force approximately one year after Royal Assent so that employers have time to prepare - September 2024 would be a reasonable estimate. 
 
Acas have confirmed that they will produce a new code of practice to provide guidance on making and handling requests, the draft of which will be available for consultation in the coming month or so.

As ever, WorkSmarter will be on hand to assist. 

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