Crucial countdown: Why businesses must act now on the predictable work hours law

In a significant stride towards employee empowerment and workplace stability, recent legislative developments have paved the way for a transformative change for labour rights.

The Workers (Predictable Terms and Conditions) Act 2023, which is scheduled for September 2024, marks a pivotal moment for workers seeking more structured and stable work schedules.

This ground-breaking legislation not only focuses on the importance of predictable terms and conditions for employees, but also takes steps towards a healthier work-life balance.

In this blog post, we’ll be delving into the key provisions of this act and explore the potential impact it may have on reshaping the dynamics of the modern workplace.

Who will this Act impact?

The Workers (Predictable Terms and Conditions) Act 2023 will massively affect businesses in hospitality, retail, care, agriculture, and many other sectors.

Who can request a more predictable working schedule?

Those who can request a more predictable work schedule are:

? Employees whose current work schedules lack certainty regarding the hours or times they work, including individuals in sectors such as retail and hospitality with irregular shifts or healthcare professionals on-call duty.

? Individuals employed on fixed-term contracts lasting 12 months or less have the right to request either an extension of their fixed-term or the removal of any provisions pertaining to fixed-term employment. This includes seasonal workers and supply teachers.

? Agency workers, meeting specific qualifying conditions, can make their request for a more predictable schedule to either the agency or the hiring organisation.

How can it be requested?

The protocol outlined in the legislation will not be unfamiliar to employers, as it’s nearly identical to the framework established for flexible working requests. Employees carrying out over 26 weeks of service will have the opportunity to submit up to two applications annually for predictable work schedules, with businesses mandated to provide a response within a month.

Upon approval of a request, organisations must present the revised terms to the worker within two weeks of granting the application. This swift turnaround means employers need to be prepared to promptly evaluate and accommodate these requests.

The reasons for rejecting a predictable working request are also almost exactly the same as the reasons for rejecting a flexible working request. Businesses will have the right to refuse an application if their reasons align with one of six statutory grounds:

? the burden of additional costs

? the ability to meet customer demand

? the impact on recruitment

? the impact on other areas of the business

? insufficiency of work during the proposed periods

? planned structural changes

The potential consequence for failing to address a request for a predictable work schedule is a maximum penalty equivalent to eight weeks' pay.

What should businesses do?

Although the Act isn’t coming into play until later next year, businesses should start considering how they’ll address these working requests now, as it isn’t a ‘quick fix’ once the requests roll in.

Accepting a request for more predictable hours will likely require individual consultation and wholesale re-writing of policies and contracts of employment, so businesses should start looking into this now if they want to ensure they’re embracing the new legislation in the correct and legal way.

But don’t fret - this is something we can help with.

Why is this bill beneficial to both businesses and employees?

Although it may seem like a daunting change, there will be a whole host of advantages to both businesses and employees to come out of this legislation.

For businesses, the legislation promotes a smoother run operation by adopting a more reliable work environment. It makes work schedules more predictable, which in turn means businesses can plan better and use their resources more wisely. On top of this, by accommodating employees' requests for more structured schedules, organisations can boost employee satisfaction, engagement, and retention. Businesses can demonstrate their commitment to the wellbeing of their employees by supporting requests (where possible) and agreeing to a predictable work pattern that works best for both parties.

From the perspective of the workforce, the new Act empowers employees to seek a healthier work-life balance, providing stability and predictability in their schedules. This can lead to reduced stress, increased job satisfaction, and improved overall wellbeing.

At Expert HR Solutions, we believe that the Workers (Predictable Terms and Conditions) Act 2023 is a win-win scenario, introducing a harmonious and mutually beneficial relationship between businesses and their employees. It’s a legislation that businesses should embrace.

A potential challenge

One challenge that businesses will need to navigate is that the legislation does not outline what ‘predictable’ means. Therefore, it will be up to the business to decide what predictable means to them and their operations.

Navigating predictable hours with Expert HR Solutions

Here at Expert HR Solutions, we can walk you through every step of the new Act should a predictable hours request land on your desk. From consultations to writing new contracts, we can take the stress off your shoulders.

If you'd like to talk to us about how we can help you with predictable hour requests, or if you’d simply like advice on any other HR related issues, give us a call on 01202 611033.