Tackling one-sided flexibility

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Oracle Solicitors’ Danielle Ryu explains the need for the Workers (Predictable Terms and Conditions) Bill

The UK is taking steps to address the issue of one-sided flexibility in the workplace with the introduction of the Workers (Predictable Terms and Conditions) Bill. This bill proposes new provisions in the Employment Rights Act 1996, which would give workers and agency workers a statutory right to request a predictable working pattern.

Current landscape and the need for change

Currently, there is no statutory right for workers to request a more predictable work pattern. This lack of predictability, particularly for casual workers, can lead to income insecurity, reluctance to assert basic employment rights, and an expectation of availability at very short notice. The Taylor Review of Modern Workplaces identified this problem as one-sided flexibility and called for action to address it.

Proposed changes and their implications

Under the proposed bill, employers would be able to refuse requests for statutory reasons, but they would need to introduce processes for dealing with requests for more predictable working patterns. This means that employers in industries that rely on unpredictable working arrangements are still likely to be able to do so.

However, the UK government’s Good Work Plan also addresses one-sided flexibility, introducing a right for all workers to request a more predictable work pattern.

Specific provisions and eligibility

If a worker’s contract is for a fixed term of 12 months or less, there is a presumption of lack of predictability as regards the period of work. In this case, an application for a change of contract duration will be regarded as being for the purpose of achieving a more predictable work pattern.

Workers and agency workers can make a maximum of two statutory applications during any 12-month period, and no application to vary terms and conditions can be made if another statutory application to vary terms and conditions is proceeding.

Application process and employer responsibilities

Currently, the right to request flexible working is only available to employees with at least 26 weeks’ continuous service. Under the proposed bill, workers would need to have been employed by the same employer (whether under the same contract) at some point during the month immediately before a prescribed period ending with the making of the application.

Once employers receive workers’ applications, they must deal with them in a reasonable manner and notify the worker of the decision within one month of the application being made. Employers may only reject the application if they consider some of the grounds apply, such as burden of additional costs or detrimental impact on the business.

Empowering workers and enabling Employers

The Workers (Predictable Terms and Conditions) Bill and the Good Work Plan represent important steps towards addressing one-sided flexibility in the workplace. Workers deserve a more predictable work pattern, and these proposals will give them the right to request one while providing employers with the ability to refuse requests for valid reasons.It’s time to tackle one-sided flexibility and promote more secure and stable employment for all.

Workers deserve a more predictable work pattern, and these proposals will give them the right to request one while providing employers with the ability to refuse requests for valid reasons.