The government is backing a Private Members Bill, the Workers (Predictable Terms and Conditions) Bill.
If passed the Bill will amend the Employment Rights Act 1996 (ERA 1996) to give workers and agency workers the right to request a predictable work pattern. The circumstances in which they will be able to do this will be where:
- There is a lack of predictability as regards any part of their work pattern (fixed term contracts of 12 months or less are presumed to lack predictability);
- The change relates to their work pattern; and
- Their purpose in applying for the change is to get a more predictable work pattern.
Two applications may be made in a 12-month period. The service requirement to access the right, which is expected to be 26 weeks, will be specified in regulations.
Employers, temporary work agencies or hirers would be able to reject applications based on statutory grounds. Workers and agency workers would have the right not to suffer a detriment short of dismissal for making an application under the procedure or for bringing proceedings to enforce the statutory right to request a predictable work pattern. It would also be automatically unfair to dismiss an employee for making an application under the statutory procedure or for bringing proceedings to enforce the statutory right.
