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Zero hours workers to get more say over their hours

7 February 2023

The government is backing a new law that gives all workers the legal right to request a predictable working pattern, intended to eradicate the "one-sided flexibility" that favours employers in zero hours contracts.

The government has announced that it is supporting the Workers (Predictable Terms and Conditions) Bill, which will bring positive changes for tens of millions of UK workers. The move, which would apply to all workers and employees including agency workers, comes after Matthew Taylor's 2017 review of modern working practices found that many workers on zero hours contracts experience "one-sided flexibility".

Many workers operating under zero hours contracts are expected to remain available to their employer for shifts even though there are no guarantees that they will be offered work. The government says that "with a more predictable working pattern, workers will have a guarantee of when they are required to work, with hours that work for them".

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.

"Employers having one-sided flexibility over their staff is unfair and unreasonable. This Bill will ensure workers can request more predictable working patterns where they want them, so they can get on with their daily lives." Kevin Hollinrake, labour markets minister.

The move is one of a number of policies designed to further workers' rights across the country, such as:

  • Supporting parents of babies who need neonatal additional care with paid neonatal care leave;
  • Requiring employers to ensure that all tips, gratuities and service charges received are paid to workers in full;
  • Offering pregnant women and new parents greater protection against redundancy;
  • Providing millions of employees with a day one right to request flexible working, and a greater say over when, where, and how they work.

To be eligible for this new right, workers and employees must have worked for their employer for a set period (expected to be 26 weeks) before they can submit their application. However, given that the proposals aim to support those with unpredictable contracts, workers will not have had to have worked continuously during that period.

Employers do have the option to refuse a request for a more predictable working pattern on specific grounds, such as the burden of additional costs to make changes, or there being insufficient work at times when the employee proposes to work. Workers will be able to make up to two requests a year.

Written by Rachel Miller.