The aim of the Workers (Predictable Terms and Conditions) Act 2023, which will come into force around September 2024, is to address “one-sided flexibility” between employers and workers who undertake atypical work. The legislation, which gives workers the statutory right to request predictable working, is most likely to impact gig economy workers, as well as those working in industries that implement unpredictable shift patterns or short-term engagements.

While most requests are likely to come from people who have unreliable work – such as casual staff and those engaged under zero-hours contracts – the definition of “lack of predictability” is broad and appears to apply to anyone whose hours or days vary in a way that creates an absence of certainty. This could include employees with typical contractual terms requiring them to work additional hours “as and when required”. It would certainly also include shift workers whose hours are determined by a rota that lacks a specific pattern and varies from week to week or month to month.

The act also makes it very clear that a contract for less than 12 months is by its very nature unpredictable, which means that workers with fixed-term contracts of less than 12 months will have the right to make a request for a longer term.

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