No more casual workers – who could have predicted it? thumbnail

No more casual workers – who could have predicted it?

2023-03-22

The government has recently announced its backing for a private members Bill - the Workers (Predictable Terms and Conditions) Bill. The Bill follows recommendations from the Taylor ‘Good Work Plan’ in 2017 to allow those on zero hours contracts to request a more predictable contract.

 

The Bill introduces a new statutory right for certain workers to request a predictable work pattern. These rights will form part of the current flexible working provisions in the Employment Rights Act 1996 and contain similar steps employees use to request flexible working. 

 

The Bill will allow qualifying workers who don't have a predictable work pattern to ask their employers to agree one. The worker can ask to fix the minimum number of hours they work each week, the days they work and/or the period they are contracted to work.

 

In this context, a fixed-term contract of 12 months or less will be treated as lacking predictability even if it already fixes the number of hours and/or days of week the worker is required to work. This means that fixed-term workers will be able to ask their employer to extend the length of their contracts.

 

Employers can reject the application on broadly similar grounds that apply under the flexible working regime. 

 

JP view: The Bill has passed its second reading in the House of Commons but has yet to go to the House of Lords. It is likely that this will become law later this year. Watch this space….

 

Legal advice on rejecting request for ‘predictable terms and conditions’ is advisable along the same lines as for flexible working requests.