New law gives tens of millions more say over their working hours

  • UK government backs law that gives all workers the legal right to request a predictable working pattern
  • Law will combat ‘one-sided flexibility’, where workers are often on standby for work that never comes

TODAY (Friday 3 February), the government supported Blackpool South MP Scott Benton’s Workers (Predictable Terms and Conditions) Bill, which will bring forward huge changes for tens of millions of workers across the UK.

The move, which would apply to all workers and employees including agency workers, comes after a review found many workers on zero hours contracts experience ‘one-sided flexibility’.

This means people across the country are currently left waiting, unable to get on with their lives in case of being called up at the last minute for a shift. 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.

Labour Markets Minister Kevin Hollinrake said: “Hard working staff on zero hours contracts across the country put their lives on hold to make themselves readily available for shifts that may never actually come.

“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.”

Blackpool South MP Scott Benton said: “A significant number of my constituents experience unpredictable work. Being able to ask their employers to consider requests for a more predictable working pattern such as working on set days, or for a permanent contract, will help them to work more predictable hours and provide more reliably for their families in some cases, and help with their work-life balance in other situations.

“This Bill gives people a right to ask their employers to consider requests and will be welcomed by thousands of people.”

The move comes as part of a package of policies this government is supporting 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 must be paid to workers in full
  • offering pregnant women and new parents greater protection against redundancy
  • entitling unpaid carers to a period of unpaid leave to support those most in need
  • providing millions of employees with a day one right to request flexible working, and a greater say over when, where, and how they work

These policies will increase workforce participation, protect vulnerable workers, and level the playing field, ensuring unscrupulous businesses don’t have a competitive advantage.

This package builds on the strengths of our flexible and dynamic labour market and gives businesses the confidence to create jobs and invest in their workforce, allowing them to generate long-term prosperity and economic growth.

Almost two fifths of workers given less than a week’s notice of shifts

Close to two-fifths (37%) of UK workers in full or part-time employment are given less than a week’s notice of their shifts or work patterns, according to new research conducted by the Living Wage Foundation. 

The research – based on two surveys, of over 2,000 UK adults in each case – addresses a gap in the UK’s labour market data and understanding of hours insecurity, being the first recent study to assess notice periods for work schedules across the workforce.

The study found that among the 59% of workers whose job involves variable hours or shift work, over three-fifths (62%) reported having less than a week’s notice of their work schedules. At the extreme, 12% of this group – amounting to 7% all working adults – had less than 24 hours’ notice.  

While short notice periods affect workers throughout the UK, they are particularly common in London, where  almost half (48%) of all workers received less than a week’s notice of work schedules. Scotland (35%), the South of England excluding London (34%), and the North of England (33%)  are areas where short notice periods were less common.  

A second survey conducted by the Living Wage Foundation homed in on the experience of full-time, low-paid workers, finding that they were particularly hard hit by short notice of working hours.

Of those working full time and paid below the real Living Wage of £10.85 in London and £9.50 in the rest of the UK, more than half (55%) had less than a week’s notice of work schedules, with 15% having less than 24 hours’ notice. 

Low-paid, full-time workers from Black, Asian and minority ethnic backgrounds (68% of whom had less than a week’s notice of work patterns) and those with children (64%) were also disproportionately affected. 

Despite this, and the challenges facing many employees and businesses, some employers are stepping up to commit to stronger standards on shift patterns to better support workers and families. 

This includes Scottish energy provider SSE, which has today been announced as an accredited Living Hours Employer, joining, amongst others, Aviva and Standard Life Aberdeen as employers committing to provide workers with secure, guaranteed working hours.  

The Living Hours programme requires employers to both pay a real Living Wage and commit to provide at least 4 weeks’ notice for every shift, with guaranteed payment if shifts are cancelled within this notice period. 

Living Hours employers also provide a guaranteed minimum of 16 working hours every week (unless the worker requests otherwise), and a contract that accurately reflects hours worked. 

The Foundation’s research shows that currently just 10% of workers who have variable working hours or conduct shift work received at least four weeks’ notice of shift patterns.  

Laura Gardiner, Director, Living Wage Foundation, said: “Without clear notice of shift patterns provided in good time, millions of workers have had to make impossible choices on childcare, transport and other important aspects of family life.

“Low-paid workers have been particularly hard hit during the pandemic, with millions struggling to plan their lives due to the double whammy of changing restrictions on economic activity and insufficient notice of work schedules from employers. 

“Despite this, and the challenges many employers have faced, some have stepped up during this crisis and committed to provide workers with secure, guaranteed hours and notice of shift patterns. These are the businesses that will help us rebuild and recover, and we encourage more employers to follow their example.” 

John Stewart, SSE HR Director, said: “The real Living Wage movement has been an incredible phenomenon, championing the fundamental truth that people should be able earn enough to live a decent life

“Living Hours is the other side of that coin. The amount of pay employees take home can be affected by irregular and unpredictable hours. The majority of our direct employees are already on contracts which meet the Living Hours requirements, but it is right that a company like SSE, headquartered in the UK and delivering some of the biggest projects in the fight against climate change, should guarantee higher standards for workers.

“This is fundamental to ensuring there is a fair and just transition to net zero. Like with our Living Wage accreditation, the most important impact of Living Hours is that, in time, it will flow through our supply chain activities and benefit those working regularly on our behalf too.

“It is the right thing to do and we are very proud to have achieved this accreditation and hope it will help show others the way.”