The Workers (Predictable Terms and Conditions) Act 2023 ("the Act") will introduce a statutory right for workers and agency workers to request a predictable working pattern when it comes into force (most likely in September 2024). The Act also requires employers to deal with requests in a reasonable manner. In advance of the new right coming into force, Acas has issued a consultation on a new draft statutory Code of Practice setting out a suggested procedure to be followed when dealing with requests.
As expected, that suggested procedure is similar (but not identical) to that currently in place for making a flexible working request. The predictable working pattern request procedure includes convening a meeting to discuss the request without unreasonable delay, assessing the impact of the change on both parties and informing the worker of the outcome in writing within a reasonable time frame. Where the request has been refused, the reason for the refusal (which should fall within permitted statutory reasons) should be included. Good practice principles such as allowing workers to be accompanied to meetings, organisations explaining decisions and allowing an appeal where a request has been rejected are also included. All requests, including appeals, must be dealt with and the worker making it told of the outcome within 1 month. If a request is successful, the worker must be offered a new contract within 2 weeks of acceptance.
The Act introduces different processes for making a request depending on whether the request is made (1) to an employer by an employee or worker or (2) to an agency/hirer by an agency worker. Currently the draft Code is split into two parts dealing with these processes separately, with the aim being to reduce the risk of confusion.
The Code will not be legally binding but will be taken into account by courts and employment tribunals when considering relevant cases. The consultation will remain open until 27 January 2024 and can either be responded to online or by email.
Acas will also, in due course, produce new non-statutory guidance that will provide more detailed guidance on the principles set out in the Code.
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