The Workers (Predictable Terms and Conditions) Act 2023, aimed at granting workers the right to request more stable working hours, has been delayed and will not be implemented as planned this Autumn. The Act was intended to help those with unpredictable schedules, such as zero-hours contract workers, by allowing them to seek more consistent working patterns. Although it received Royal Assent in September 2023 and ACAS had been working on a draft Code of Practice, the government has chosen to delay its introduction.
Government’s future intentions
Despite the delay, the government has reiterated its commitment to providing workers with greater security and stability. Upcoming legislation, including the Employment Rights Bill and the Make Work Pay programme, is expected to include measures aimed at reducing uncertainty in working hours and income for atypical workers. The government also plans to introduce a new right to a contract that reflects an employee’s regular working hours, potentially using a "look back period" to determine these hours.
Criticism and challenges
The Act faced criticism for being “toothless’, as it gave employers significant leeway to deny requests for predictable hours. Many argued that it did not offer strong enough protections for workers. The government has acknowledged these criticisms and aims to introduce more robust protections in future legislation. The new provisions are expected to be more stringent and provide better forward-looking contractual protections for workers.
Practical implications for employers
Although the Act has been postponed, significant reforms to workers’ rights are still part of the government’s agenda. Expected changes include:
Banning exploitative zero-hours contracts
Ending "fire and rehire" practices
Making flexible working the default from day one
Strengthening protections for new mothers, including a six-month dismissal ban after returning from maternity leave
Establishing a Fair Work Agency to enforce workplace rights
Additional considerations
Employers should prepare for these reforms by reviewing current employment practices. Staying informed about the Employment Rights Bill and other legislation will be crucial. Additionally, employers should anticipate future legal obligations to accommodate requests for more predictable working patterns. It will also be essential to handle such requests fairly to avoid potential discrimination claims and to ensure transparent reasoning for decisions.
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