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.

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