Acas (the Advisory, Conciliation and Arbitration Service) is currently running a consultation on their draft Code of Practice (Code) which sets out how employers, hirers and agencies should respond to requests for predictable working patterns. The right for certain workers (such as zero-hours workers and temporary workers) to request a predictable working pattern is part of new legislation expected to come into force next year.
Acas encourages feedback from employers, workers, agencies and anyone else who is interested in ensuring the Code is fair, reasonable and works in practice.
Background to the consultation
The Workers (Predictable Terms and Conditions) Act 2023 is expected to come into force in Autumn 2024, and will give certain workers and employees the right to request a predictable working pattern (if their existing working pattern lacks predictability). For example, if a worker is on a zero-hours or temporary contract they will have the right to request a more formal and stable working arrangement.
To support this new legislation, Acas has prepared a draft Code of Practice (Code) which sets out how employers, hirers and agencies should respond to requests for predictable working patterns. The Code will not be legally binding, but will be considered by courts and tribunals when making decisions on such matters. Acas have asked for feedback on the Code so that they can effectively support compliance with the new legislation and promote good practice in the workplace.
What are the principles of the draft Code?
Principles of the draft Code include:
- allowing workers to be accompanied in meetings to discuss requests for predictable working hours;
- ensuring that organisations communicate relevant information about their decision to the worker;
- ensuring that employers only reject requests where there is a genuine business reason as legally permitted;
- protecting a worker from detriment as a result of their request (eg their working hours should not be ceased or reduced as a result of their request); and
- providing that businesses should allow a right of appeal where a request has been rejected.
In particular, employers, agencies and hirers must accept a worker’s request unless there is a genuine business reason not to. These business reasons could include the fact that sufficient work is not available for the periods the worker proposes to work, or where there would be a detrimental effect on the business’s ability to meet customer demand.
The Code also states that, where an employer is considering rejecting a request, it should consider whether any alternative arrangements could be made to provide more predictability. If so, the employer should discuss these with the worker.
When does the consultation close?
The consultation closes on 17 January 2024. If you would like to respond, you can do so here.
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Marion joined Sparqa Legal as a Senior Legal Editor in 2018. She previously worked as a corporate/commercial lawyer for five years at one of New Zealand’s leading law firms, Kensington Swan (now Dentons Kensington Swan), and as an in-house legal consultant for a UK tech company. Marion regularly writes for Sparqa’s blog, contributing across its commercial, IP and health and safety law content.