The government's flagship legislation to give millions of workers the right to predictable hours faces being undermined by weak guidance that fails to deliver the certainty ministers promised, employment law specialists have warned.
A draft Code of Practice published by Acas to accompany the Workers (Predictable Terms) Act 2023 has drawn sharp criticism for leaving key aspects of the new law dangerously ambiguous. The guidance is meant to show employers and workers how the legislation—which comes into force later this year—will work in practice, but experts say it falls well short of providing the clarity needed.
The Act introduces a statutory right for workers to request more predictable terms and conditions, covering working hours, which days they work, and contract length. In practice, this means someone on a zero-hours contract could ask their employer for guaranteed minimum hours, or a worker with irregular shifts could seek a fixed pattern. The legislation was designed to offer stability to those facing income uncertainty and work-life balance challenges under flexible arrangements.
However, employment lawyers argue the draft Acas code provides only general principles rather than the detailed, prescriptive guidance necessary to make the Act effective. Critics warn the current form leaves too much room for interpretation, potentially allowing employers to sidestep the law's intent whilst leaving workers without the genuine predictability they were promised.
The most significant concerns centre on the code's failure to clearly define what constitutes a "predictable" working pattern across different scenarios, or to establish robust mechanisms for handling requests and disputes. Without clearer parameters, legal experts fear the process could become subjective and inconsistently applied across workplaces, fundamentally undermining the Act's objectives.
The criticism carries particular weight given Acas's role as the government's employment relations watchdog. The Advisory, Conciliation and Arbitration Service's Codes of Practice are highly influential in how employment laws are interpreted and applied by tribunals and courts, making stakeholder concerns about this draft especially significant.
The consultation period for the draft code provides an opportunity for interested parties to submit feedback before the final version is published. However, the debate highlights the challenge of translating the government's policy intentions into practical, enforceable guidance that delivers meaningful benefits for workers whilst remaining workable for businesses.
Source: Employment Law Worldview