The Act amends the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern. The circumstances in which they will be able to do this will be 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.
A maximum of two applications may be made in a 12-month period. The length of service requirement to access the right, which is expected to be 26 weeks, will be specified in regulations.
Employers, temporary work agencies or hirers will be able to reject applications based on statutory grounds. These will include the burden of additional costs, detrimental impact on the recruitment of staff or other aspects of the employer’s business, or there being insufficient work during the periods the worker has asked to work. Workers and agency workers will 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 will 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 Act is due to come into force a year after receiving Royal Assent (next September) and an Acas code of practice which will provide guidance on how to make and handle requests will be issued for consultation over the coming weeks.