The Workers (Predictable Terms and Conditions) Bill – The Bitesized Edition

20th April 2023

In 2018 the Good Work Plan (GWP) was published by the Government. It sets out a number of policy and legislative changes to ensure fair work, clear relationships between employers and employees, and enforcement being fit for purpose.

Some changes have already been made, for example, the right to a written statement of particulars being a day one right rather than within three months of starting work.

One of the proposals was the right for workers to request a more predictable contract after 26 weeks’ continuous service.

What the Bill would change

The Bill, which is currently at second reading in the House of Lords, proposes to amend the Employment Rights Act 1996 to introduce the right proposed by the GWP for workers and agency workers to request predictable working patterns.

What has been proposed is that a worker (or employee) who has been employed by the same employer for 26 continuous weeks can apply to change their terms and conditions for a more predictable working pattern, if there is a lack of predictability in relation to the work they do for the employer and the change relates specifically to their working pattern.

It will also impact fixed-term contracts where a worker’s contract is fixed for less than 12 months or less. If that is the case, there is a presumption of a lack of predictability regarding the period of work so the worker may apply for a change in the duration of contract because this would be regarded as being for the purpose of a more predictable working pattern.

These changes will most likely have a huge impact on businesses who rely on casual workers or fixed term workers. However, as part of the proposed changes there will be a process, much like the flexible working request process, where the employer can reject an application for one or more of the following grounds:

  • Burden of additional costs;
  • Detrimental effect on ability to meet customer demand;
  • Detrimental impact on the recruitment of staff;
  • Detrimental impact on other aspects of the employer's business;
  • Insufficiency of work during the periods the worker proposes to work;
  • Planned structural changes; and
  • Such other grounds as may be specified in regulations.

It will be important for businesses to keep a look out for when this proposed change may come in, especially those who rely on casual or fixed term workers. Businesses will need to ensure they update their policies and have a strong understanding of the amendments to avoid any legal disputes.

For workers, on the other hand, this might be a positive step in the right direction to ensure that they are receiving fair treatment and more stable employment.

Need to know more?

For more information on these changes or assistance with updating your policies or contracts, you can contact our Employment Client Services team here, or by calling the team 0344 2640102.

Worker Protection (Amendment of Equality Act 2010) Bill – The Bitesized Edition

This bill has been introduced to amend the Equality Act 2010 (EqA 2010) relating to liabilities for harassment.

April 2023 Learn more
Employee Relations (Flexible Working) Bill – The Bitesized Edition

Since lockdown in 2020, employees are enjoying a more balanced way of working and that is not just those with child care or caring responsibilities. Flexible working has a positive impact on an employee’s work-life balance.

April 2023 Learn more

Read more from the DAS Law blog

Employment disputes What employers need to know about performance management and grievances

Thomas Eastment, Legal Adviser at DAS, looks at how employers can balance performance management while ensuring fair and legally compliant grievance resolution.

May 2024
Employment disputes Managing absence – an employer’s perspective

Employers must navigate the delicate balance between supporting staff welfare and ensuring operational efficiency.

April 2024
Employment disputes Employee, self-employed or worker? – The Bitesized Edition

Employment status can be complex if an organisation does not define the relationship with an individual clearly and reflective of the actual relationship in practice.

April 2024
Employment disputes Workplace stress: your responsibilities as an employer

Commenting on Stress Awareness Week, Sarah Garner, Solicitor at DAS Law, takes a look at what the law says employers needs to do about stress.

April 2024
Employment disputes International Stress Awareness Month: your workplace rights

To mark International Stress Awareness Month, Sarah Garner takes a look at what the law says your employer needs to do about workplace stress.

April 2024
Employment disputes Don’t get in trouble with the law on April Fool’s Day

When does the line between hilarious and harsh get crossed and can a prank turn into legal proceedings?

March 2024
Employment disputes Top 10 Settlement Agreement tips for employers

The purpose of a Settlement Agreement is to bring an employment relationship to an end by mutual agreement. Here are our top 10 tips for moving people on with settlement agreements.

March 2024
Employment disputes Do employees get extra pay on a leap year day?

Every four years, many workers find themselves cramming an extra day of work into an already packed year. But are workers in the UK entitled to extra pay for this extra work?

February 2024
Employment disputes How Maternity, Adoption and Shared Parental Leave regulations are changing this year

In this Bitesized Edition, we look at the new Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations, set to come into force on 6 April 2024.

February 2024
Employment disputes 9 things employers need to know about apprenticeships

With National Apprenticeship Week here, we explain what employers need to consider regarding apprenticeship schemes and their legal obligations.

February 2024
Employment disputes How flexible working regulations are changing this year

Amendments to the current flexible working legislation will come into force this year. Any flexible working applications made on or after 6 April 2024 must be dealt with in accordance with the regulations.

January 2024
Employment disputes Holiday Pay Guidance from the Government – The Bitesized Edition

The Government has issued guidance on calculating holiday pay to simplify holiday entitlement for irregular hours and part-year workers.

January 2024
General advice , Employment disputes Be on your best behaviour at your work Christmas party

Charlotte Ellis. Legal Adviser at DAS Law, looks at the rules surrounding the office Christmas party.

December 2023