New Right to Request a Stable Working Pattern – a Victory for Workers’ Rights

The government has announced its intention to further reform the laws surrounding zero hours contracts, offering more stability to zero hours workers in the UK with the creation of the new right to request a predictable working pattern under the Workers (Predictable Terms and Conditions) Act 2023.

At present, there is no right for zero hours workers to any predictability in their working schedule, with the balance of power being very much in an employer’s favour.  The new legislation seeks to combat the exploitative nature of zero hours contracts and marks a significant new step in offering stability for the UK workforce, seeking to eradicate the "one-sided flexibility” that the government identified back in 2018 as part of its review of modern workplaces. 

The new right to request a predictable working pattern is a milestone in the fight for workers’ rights, allowing them to formally request more stable working hours, helping to ease the uncertainty of the precarious nature of these types of contracts. 
Whilst it is still in the early stages, it is anticipated that the new formal process will allow workers to request either fixed hours or a regular working schedule.  A new statutory ACAS Code of Practice has been published governing how employers must deal with these requests (although it is currently in draft form), but it is expected that:

• Workers with over 26 weeks’ service will be able to request a change to their contracted hours to provide more stability;
• Up to two requests may be made in any 12-month period;
• A formal process must be followed, and unless there is a genuine prescribed business reason not to do so, employers must accept a worker's request;
• Workers will have the right of appeal against an unfavourable decision;
• If the request is rejected or if the worker suffers detriment or dismissal due to making a request, a claim can be brought in the Employment Tribunal.  

Further reforms to zero hours contracts are also still being considered by the government, which could see financial penalties introduced for employers who cancel their workers’ shifts at the last minute, and the right to reasonable notice of working hours. 

​The new legislation is anticipated to take effect from September 2024 and whilst the legislation is still in draft form, it should serve to strengthen the rights of both workers and agency workers, providing better job security across the board and compelling employers to use these contracts responsibly and fairly.  We hope that these continuing developments will create a more just and equitable labour market for all.