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
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
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
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.
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