The right to request a more predictable work pattern

Julie Sabba, an Associate in Employment at MLP, considers The Workers (Predictable Terms and Conditions) Bill (the Bill), which proposes to give eligible workers a new statutory right to request a more predictable working pattern.  The Bill, in an effort to reflect the 2018 Good Work Plan, aims to end ‘one-sided flexibility’.

 

The right to request a more predictable work pattern

 

In essence, eligible workers (not just employees) will have the right to make a request where:

 

• there is a lack of predictability as regards any part of their work pattern (the work pattern being the number of working hours, the days of the week and the times on those days when the worker works, and the length of the worker’s contract)

 

• the change relates to their work pattern

 

• their purpose in applying for the change is to get a more predictable work pattern

 

An application must state that it is a request for a more predictable working pattern, and specify the change applied for and the date on which it is proposed it should take effect.

 

The Bill does not contain other earlier government commitments to introduce a right to reasonable notice of working hours and compensation for shifts cancelled without reasonable notice.

 

Eligibility

 

A worker is expected to be able to apply for a change to their working pattern if they have been employed by the same employer for a month before a ‘prescribed period’ – expected to be 26 weeks, although such service is not expected to need to be continuous.

 

A worker can only make two applications in any 12-month period and will take account of any flexible working requests that have been made by the individual.

 

Agency workers will also have rights to make such requests under certain conditions.

 

Lack of Predictability

 

There is no definition of ‘predictability’ in the Bill.  It does, however, specifically state that workers on a fixed term contract of 12 months or less may request that the term is extended or becomes permanent.  Other than that, it seems that a ‘lack of predictability’ will cover any worker whose hours or days vary in a way which provides them with uncertainty, such as zero hours workers or workers with unpredictable shift patterns.

 

Dealing with requests

 

There is no obligation on the employer to agree to a request, but they must deal with the application in a reasonable manner and respond within one month.  An employer can only reject an application for one or more of the specified reasons, which are:

 

• the 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

 

Remedies

 

A worker will be able to bring an employment tribunal claim if an employer fails to follow the requirements set out above which, if the claim is successful, could result in an order for reconsideration of the request or compensation. The amount of compensation will be set by regulations and could be limited to eight weeks’ pay as it is under the flexible working regime.

 

Comment

 

It is important to note that the Bill only provides for the right to ask for a more predictable working pattern, not a right to a predictable working pattern.  Affected businesses will therefore have to establish policies and procedures to deal with such requests.

 

If you would like advice from the Employment team at MLP Law in respect of any of the issues raised here or more generally, please do not hesitate to get in touch on 0161 926 9969 or employment@mlplaw.co.uk, or follow us on Twitter @HRHeroUK.