New law: Employers prepare for new zero-hours' worker right to request more predictable hours

The new law is intended to stop one-sided contracts between employers and workers with unpredictable work patterns, including agency workers – often referred to as 'one-sided flexibility'.

Under many zero-hours contracts, workers must be available for work even if no work is forthcoming – effectively, they are forced to remain on standby, but with no guarantee of actually being given any work. The new laws, which apply to workers:

• with uncertain work hours or times, or who are on fixed-term contracts for fewer than 12 months; and
• who have worked for their employer for a set period (likely to be 26 non-continuous weeks)

will mean workers can request guaranteed, predictable hours of work – although there is no definition or guidance on what that might mean - at times of their choosing, up to twice a year.

Employers can only refuse such a request on specified grounds, such as additional costs or insufficient work at the times the worker wants – similar to the reasons that justify an employer refusing a flexible working request.

There is no planned date yet for the introduction of the new laws.

Operative date

• To be confirmed

Recommendation

• Employers should assess the composition of their workforce to see how many will be affected and may request more predictable hours, and whether and when the grounds for refusing requests may apply.