Code of practice on predictable working hours

The conciliation service, ACAS, has launched a consultation on a new draft statutory Code of Practice with respect to handling requests for a predictable working pattern.

This follows the introduction of a new law last month which aims to give eligible workers (including agency workers and people on zero hours contracts) a new statutory right to request a more predictable working pattern (ELR 840).

More specifically, the legislation states that if a worker’s existing working pattern lacks certainty in terms of the hours they work, the times they work, or if it is a fixed term contract for less than 12 months, they will be able to make a formal application to change their working pattern to make it more predictable.

Once a worker has made their request, their employer will be required to notify them of their decision within one month. Employers will only be able to reject the request if they consider that one or more of the following grounds applies:

• the burden of additional costs
• detrimental effect on ability to meet customer demand
• detrimental impact on the recruitment of staff
• detrimental impact on other aspects of the employer’s business
• insufficiency of work during the periods the worker proposes to work
• planned structural changes, and
• such other grounds as the Secretary of State may specify by regulations.

The aim of the draft code is to ensure that requests for a more predictable working pattern are handled in a reasonable manner so that a worker's request is fully understood and considered.

The code, which is not legally binding, sets out a number of good practices for businesses to follow which include:

• holding a meeting to discuss a request before making a decision
• who should be allowed to accompany a worker at meetings to discuss a request
• accepting a request where possible
• only rejecting a request for the legally allowed reasons and being clear about the reasons for rejecting it
• offering an appeal where a request has been rejected.

To respond to the consultation, which closes at 11.59pm on 17 January 2024, click here.