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UK: The Workers (Predictable Terms and Conditions) Act has been passed

  • On 19 September 2023, The Workers (Predictable Terms and Conditions) Act received Royal Assent.
  • The bill proposes new provisions in the Employment Rights Act 1996 aiming to give workers on atypical contracts and agency workers the right to request more predictable terms and conditions of work.

There is no date for its effective implementation yet, but it is not expected to come into force before September 2024.

The bill was enacted to support workers who experience “one-sided flexibility” introduced by Matthew Taylor’s 2017 review of non-standard working practices and the gig economy.

According to the bill, and subject to Parliamentary approval, a worker may request a change in terms and conditions of employment for a more predictable work pattern if s/he has been employed by the same employer (with or without the same contract) for 26 weeks, without predictability in working hours, weekdays or duration of contract, and the requested change is related to the work pattern.

Requests must be done in writing and there is a maximum of two requests in 12 years that can be done. There is no obligation to accept the request, but in case of unreasonable denial, the employer may face a claim for compensation or complaints for discrimination, even indirect discrimination.

The new legislation aligns with what is envisaged in Europe by the EU Directive on Transparent and Predictable Working Conditions, which contains similar but more general requirements on all employment relationships and has already been transposed into many national legislations.