Predictable Working Pattern Policy
1. Introduction
This policy and procedure for Handling Requests for a Predictable Working Pattern sets out the Authority’s statutory responsibility as an employer for managing a request from a worker, i.e., a casual worker or employee, and the procedure to be followed on receipt of a request, in line with the Workers (Predictable Terms and Conditions) Act 2023.
Whilst an agency worker has the same right to make a request for a predictable working pattern any request from an agency worker should be made directly to the employing recruitment agency to consider and manage.
As a worker, you have a statutory right to make a request to your manager for a more predictable working pattern if your working pattern lacks predictability. A working pattern refers to the number of hours you work, the days and times you work, or the length of your contract.
2. Scope
This policy and procedure cover all workers including centrally employed teachers but excludes staff on the complement of locally managed schools for whom a separate policy applies. In the absence of a policy agreed locally by individual schools the principles of this policy should be followed.
3. Eligibility
To make a statutory request, you must have worked for the Authority at least once in the month in the period before the 26 weeks leading up to the day of the request.
A fixed-term contract of employment for 12 months or less is one type of working pattern which lacks predictability. In this case, you may make a statutory request to your manager to have a longer fixed-term contract, or a permanent contract, provided all the criteria above apply.
A statutory request must be in writing, and you must include:
- the date of the request.
- a statement that it is a statutory request for a predictable working pattern.
- the change you are seeking to your working pattern.
- the date on which you would like the change to come into effect.
- when you have made a previous request to any manager within the Authority for a predictable working pattern.
If you are an employee, your request should also state:
- when you have made a previous request to any manager within the Authority for flexible working.
4. The number of statutory requests allowed
You may make two statutory requests for a predictable working pattern within any 12-month period.
You may have only one live request for a predictable working pattern with the Authority at any one time. Once a request has been made, it remains live, including during any appeal, until any of the following occur:
- a decision on the request is made by your manager.
- your request is withdrawn.
- an outcome is mutually agreed between you and your manager.
- the statutory one-month decision period for requests ends (see paragraph 12).
5. The statutory right to request flexible working for employees
Employees (not casual workers) have a separate statutory right to request flexible working under the Employment Rights Act 1996. If you are an employee, you may make two statutory requests for flexible working within any 12-month period. Please see the Authority’s Policy on Flexible Working.
If as an employee you make a statutory request for flexible working and the purpose of that request is to have a more predictable working pattern, it will count as both:
- one of your two statutory requests for flexible working.
- one of your two statutory requests for a predictable working pattern (see paragraph above).
You may have only one live request either for flexible working or for a predictable working pattern with the Authority at any one time.
6. Making a predictable working pattern application
All requests for a predictable working pattern should be made in writing by completing the application form APP form waiting on from Ann which will be called "Appendix A" add on block as a download/templates
The completed formal application must be submitted to your line manager.
The application must include:
- date of the application.
- the changes that you are seeking to your terms and conditions.
- the date on which you would like the terms and conditions to come into effect.
- whether or not you have made a previous request for a predictable working pattern or flexible working and if so when you made the application.
Things you need to consider:
- A new predictable working pattern will normally be a permanent change to your terms and conditions unless otherwise requested and agreed.
- If your request is approved, you can’t simply revert to your former working pattern when you want.
- You should be aware that your salary and annual leave will be pro rata to your new working pattern if we agree to your new working pattern.
- Consider how your colleagues will manage if you change your working arrangement.
- Think carefully about what effect changing your working arrangement will have on your job.
- You may be able to agree to a trial period before finalising a permanent change.
7. Considering a request for a predictable working pattern
Every request must be handled in a reasonable manner. This should include:
- consideration of your current working pattern – this includes, for example, whether you have already been regularly working broadly the same hours, days, or times, or working for the Authority under a series of fixed-term contracts.
- assessing the effect of the requested change for both you and the service, including the potential benefits and other impacts of accepting or rejecting it.
Your manager must accept a predictable working pattern request unless there is a genuine business reason not to. A decision to reject a request must be for one or more of the following business reasons which are set out in the Employment Rights Act 1996:
- the burden of additional costs.
- a detrimental effect on ability to meet customer demand.
- a detrimental effect on the recruitment of staff.
- a detrimental effect on other aspects of the business.
- insufficient work available for the periods the worker proposes to work.
- planned structural changes to the business.
Your manager may also reject a request for other reasons where your contract ends during the statutory one-month decision period for requests. See paragraph 13 for further information.
Where your manager is considering rejecting a request, they should consider whether there are alternative and suitable arrangements for providing more predictability. If there are, they should discuss this with you. Your manager should seek advice from a HR Business Partner before rejecting a request.
8. Meeting to discuss a request
On receipt of a request from you, your manager should arrange a meeting with you to discuss it. This can help make sure that all relevant information is understood before a decision is made. The manager holding the meeting should have sufficient authority to decide on your request.
The meeting should be held without unreasonable delay. The arrangements for the meeting should allow you and your manager reasonable time to prepare for the discussion, while considering the statutory one-month decision period for requests (see paragraph 12).
The meeting should be held privately. It can be held in person or remotely via a video call, or where neither of those are possible, via a telephone call.
The content of the meeting and the way in which it is conducted should allow for a reasonable discussion and consideration of the request. If your manager is considering accepting the request, or agreeing an alternative predictable working pattern, they should discuss with you how and when the changes might best be implemented.
An accurate record of the discussion should be kept in writing.
9. Communicating a decision about a request
Once your manager has decided about your request, they must inform you of that decision. They should do so in writing without unreasonable delay, making it clear what has been decided and why. This decision should be communicated to you within a timeframe that will allow you reasonable time to appeal if you wish to, while considering the statutory one-month decision period for requests (see paragraph 12).
If the request is rejected, the written decision should clearly set out the business reason(s) (see paragraph 7). It should also set out any additional information which is reasonable to help explain the decision to you. You will be offered the right to appeal the decision and the written decision will explain how to appeal and the timeframe for receipt of any appeal.
10. Handling an appeal
Appeals should be made in writing to your Head of Service and should set out the grounds of your appeal. This includes, for example, if there is new information you wish to be considered.
When an appeal is received it will be acknowledged and an appeal meeting arranged to hear the grounds of your appeal. The meeting will be convened by a manager previously unconnected with your case. This manager will also consider the reasons why your request was declined by your line manager.
Once the manager hearing the appeal has decided, they will inform you of that decision in writing without unreasonable delay, while considering the statutory one-month decision period for requests (see paragraph 12). The decision should make clear what has been decided and why.
11. Allowing a worker to be accompanied
There is no statutory right of accompaniment at meetings held to discuss a request for a predictable working pattern. However, you may request to be accompanied at the meeting by your trade union representative or official, or an appropriate work colleague. Please read our guidance on the role of a companion.
If you make a request to be accompanied at any meeting to discuss your request for a predictable working pattern, this must not cause undue delay in the process.
12. Deciding requests within the statutory one-month decision making period
All requests, including any appeal, must be decided, and communicated to you within one month of the date of the request.
If your manager or subsequent manager hearing your appeal arranges a meeting to discuss the request, they should provide a reasonable opportunity for you to attend. If you fail to attend, your manager or manager hearing your appeal should rearrange the meeting. If you fail to attend both meetings without a good reason, your manager or the manager hearing your appeal may consider the request withdrawn. If your manager or the manager hearing your appeal considers the request withdrawn, they must inform you of this in writing.
13. Deciding requests where the worker’s contract ends during the statutory one-month decision making period
If you have made a request and your contract ends during the statutory one-month decision period, your manager must still handle the request in a reasonable manner and decide the request within that one-month period (following paragraph 12).
Your manager must accept a request in these circumstances unless any of the following apply:
- your manager has a genuine business reason to reject the request, as set out in paragraph 7.
- you ended your contract.
- your contract ended because of your conduct or capability, a redundancy, a legal duty or restriction, or some other substantial reason in line with the relevant Authority policy and procedure.
If your manager accepts the request in these circumstances, they must offer you a new contract with terms and conditions which both:
- reflect the change requested.
- are, overall, not less favourable than those of your contract at the time of your request.
Your manager must offer the new contract to you within two weeks of accepting the request. This offer should be made in writing.