Predictable Working Legislation Axed
The Government has dropped the Workers (Predictable Terms and Conditions) Act 2023 and the predictable working legislation will not therefore now come into force. It had been expected to come into effect later this month.
Workers (Predictable Terms and Conditions) Act 2023
If the predictable working legislation had been enacted, it would have allowed workers, where their hours vary in terms of the number of hours worked and/or when they worked, or where they are in a fixed term contract of less than a year’s duration, to apply (up to twice a year) for a more predictable working pattern after 26 weeks of continuous service.
Nevertheless, the problem with the predictable working legislation was that it simply allowed an employee to make a request, but employers could then turn down such requests on a number of grounds. Whilst employers would have been required to deal with the request in reasonable manner within 1 month, the grounds that they could have rejected the request upon included the costs involved, the possibility that it may have a negative impact upon customer demand and / or recruitment, a lack of work available to do, and that it may undermine planned structural changes.
Employment Rights Bill
There was always the possibility that the predictable working legislation would be dropped as it overlaps with proposed new legislation which is likely to be enacted as part of the Employment Rights Bill. As we highlighted in a recent article, as part of the Employment Rights Bill the Government is planning to provide workers with greater security and predictability by banning what it calls “exploitative” and “one sided” zero hours contracts by ensuring that workers have a right to a contract that reflects the number of hours regularly worked based upon a twelve-week reference period, and by ensuring that workers are given reasonable notice in relation to shift changes.
DBT Statement
Announcing the decision to drop the predictable working legislation, a spokesperson for the Department for Business and Trade (DBT) stated: "We will introduce a new right to a contract that reflects the number of hours regularly worked as part of our significant and ambitious agenda to ensure workplace rights are fit for a modern economy, empower working people and deliver economic growth. We do not want to confuse employers and workers with two different models, so we currently have no plans to bring this Act into force."
Second Jobs / Side Hustles On The Increase
According to analysis of new data released by the Office for National Statistics (ONS) by Sterling, there was a 9% increase in the number of workers doing second jobs (i.e. 'side hustles') during the period April - June 2024, compared to a year earlier.
The main reason for the increase is the ongoing cost of living crisis
Comment
Commenting upon the findings, the President, International at Sterling, Steve Smith, stated: "The rise of the second-jobber is something we’ve seen grow since the cost-of-living crisis first began. This trend doesn’t just benefit individuals, as it can also mean employers are able to attract a more diverse, flexible, and talented workforce. However, it can also pose risk to organisations who are hiring. Aside from the potential impact to productivity at work, it also has the added issue of possible breaches of confidentiality or misuse of company data that could expose firms to legal and financial risks."
Smith added: "Few employers have set clauses in employment contracts that require staff to declare any second jobs they take on, and many of those that do haven’t implemented robust rescreening programmes to ensure this protocol is being followed. Aside from the need to clearly define the company’s stance on second jobs, employers must also consider how they are vetting employees as this trend continues. Rescreening current workers may be one way to identify where there are emerging risks of staff taking on a second job."
