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This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Workers (Predictable Terms and Conditions) Act 2023, SCHEDULE is up to date with all changes known to be in force on or before 12 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
Section 1
1In section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992 (arbitration scheme for unfair dismissal cases etc), in subsection (1), after paragraph (za) insert—
“(zb)section 80IC(1) or (3)(b), 80ID(1)(c), 80IH(1), 80II(2)(b) or 80IJ(1)(c) of that Act (predictable work pattern),”.
Commencement Information
I1Sch. para. 1 not in force at Royal Assent, see s. 4(2)
2In section 18 of the Employment Tribunals Act 1996 (conciliation: relevant proceedings etc), in subsection (1)(b), after “80H,” insert “80ID, 80IJ,”.
Commencement Information
I2Sch. para. 2 not in force at Royal Assent, see s. 4(2)
3The Employment Rights Act 1996 is amended as follows.
Commencement Information
I3Sch. para. 3 not in force at Royal Assent, see s. 4(2)
4After section 47E insert—
(1)A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the worker’s employer done on the ground that the worker—
(a)made (or proposed to make) an application under section 80IA to the employer,
(b)brought proceedings against the employer under section 80ID, or
(c)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(2)This section does not apply where—
(a)the worker is an employee, and
(b)the detriment in question amounts to dismissal within the meaning of Part 10.”
Commencement Information
I4Sch. para. 4 not in force at Royal Assent, see s. 4(2)
5After section 47EA (as inserted by paragraph 4) insert—
(1)An agency worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by a temporary work agency or a hirer done on the ground that the agency worker—
(a)made (or proposed to make) an application under section 80IF to the temporary work agency or (as the case may be) the hirer,
(b)brought proceedings against the temporary work agency or (as the case may be) the hirer under section 80IJ, or
(c)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.
(2)This section does not apply where—
(a)the agency worker is an employee, and
(b)the detriment in question amounts to dismissal within the meaning of Part 10.
(3)In this section, “agency worker”, “hirer” and “temporary work agency” have the same meaning as in Chapter 3 of Part 8B (see section 80IL).”
Commencement Information
I5Sch. para. 5 not in force at Royal Assent, see s. 4(2)
6(1)Section 48 (enforcement) is amended as follows.
(2)After subsection (1B) insert—
“(1C)A worker may present a complaint to an employment tribunal that the worker has been subjected to a detriment in contravention of section 47EA.”
(3)After subsection (1C) (as inserted by sub-paragraph (2)) insert—
“(1D)An agency worker may present a complaint to an employment tribunal that the agency worker has been subjected to a detriment in contravention of section 47EB by a temporary work agency or a hirer.”
(4)In subsection (2), for “or (1B)” substitute “, (1B) or (1C)”.
(5)In subsection (2A), after “(1AA)” insert “or (1D)”.
Commencement Information
I6Sch. para. 6 not in force at Royal Assent, see s. 4(2)
7(1)Section 49 (remedies) is amended as follows.
(2)In subsection (1), for “or (1B)” substitute “, (1B) or (1C)”.
(3)In subsection (1A), after “section 48(1AA)” insert “or (1D)”.
(4)At the end insert—
“(8)Where—
(a)the complaint is made under section 48(1C),
(b)the detriment to which the worker is subjected is the termination of the worker’s contract, and
(c)that contract is not a contract of employment,
any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for the reason specified in section 104CA.”
Commencement Information
I7Sch. para. 7 not in force at Royal Assent, see s. 4(2)
8(1)Section 80F (statutory right to request contract variation) is amended as follows.
(2)In subsection (2)—
(a)at the end of paragraph (a) insert “and”;
(b)omit paragraph (c) and the “and” preceding it.
(3)For subsection (4) substitute—
“(4)This section is subject to section 80IM (which restricts the right to make multiple applications under this Part).”
(4)For alternative provision about the amendment of section 80F, see paragraphs 21 and 22 of this Schedule.
Commencement Information
I8Sch. para. 8 not in force at Royal Assent, see s. 4(2)
9After section 104C insert—
An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that the employee—
(a)made (or proposed to make) an application under section 80IA or 80IF,
(b)brought proceedings against the employer under section 80ID or 80IJ, or
(c)alleged the existence of any circumstance which would constitute a ground for bringing such proceedings.”
Commencement Information
I9Sch. para. 9 not in force at Royal Assent, see s. 4(2)
10In section 105 (redundancy), after subsection (7BA) insert—
“(7BAA)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104CA.”
Commencement Information
I10Sch. para. 10 not in force at Royal Assent, see s. 4(2)
11In section 108 (qualifying period of employment), in subsection (3), after paragraph (gi) insert—
“(gia)section 104CA applies,”.
Commencement Information
I11Sch. para. 11 not in force at Royal Assent, see s. 4(2)
12In section 192 (armed forces), in subsection (2)(e), after “104C,” insert “104CA,”.
Commencement Information
I12Sch. para. 12 not in force at Royal Assent, see s. 4(2)
13In section 194 (House of Lords staff), in subsection (2)(c), for “and 47E” substitute “, 47E and 47EA”.
Commencement Information
I13Sch. para. 13 not in force at Royal Assent, see s. 4(2)
14In section 195 (House of Commons staff), in subsection (2)(c), for “and 47E” substitute “, 47E and 47EA”.
Commencement Information
I14Sch. para. 14 not in force at Royal Assent, see s. 4(2)
15In section 199 (mariners), in subsection (2), after “47E,” insert “47EA,”.
Commencement Information
I15Sch. para. 15 not in force at Royal Assent, see s. 4(2)
16(1)Section 205A (employee shareholders) is amended as follows.
(2)In subsection (2), after paragraph (b) insert—
“(ba)the right to make an application under section 80IA (request for predictable work pattern),”.
(3)After subsection (8) insert—
“(8A)The reference in subsection (2)(ba) to making an application under section 80IA does not include a reference to making an application within the period of 14 days beginning with the day on which the employee shareholder returns to work from a period of parental leave under regulations under section 76.”
Commencement Information
I16Sch. para. 16 not in force at Royal Assent, see s. 4(2)
17In section 225 (calculation date for purposes of working out a week’s pay), at the end insert—
“(7)Where the calculation is for the purposes of section 80IE, the calculation date is the day on which the application under section 80IA was made.
(8)Where the calculation date is for the purposes of section 80IK, the calculation date is the day on which the application under section 80IF was made.”
Commencement Information
I17Sch. para. 17 not in force at Royal Assent, see s. 4(2)
18In section 227 (maximum amount of week’s pay), in subsection (1), after paragraph (za) insert—
“(zb)an award of compensation under section 80IE(1)(b),
(zc)an award of compensation under section 80IK(1)(b),”.
Commencement Information
I18Sch. para. 18 not in force at Royal Assent, see s. 4(2)
19In section 235 (other definitions), in subsection (1), in paragraph (b) of the definition of “week”, after “80EA” insert “, 80IG(2) and (3)”.
Commencement Information
I19Sch. para. 19 not in force at Royal Assent, see s. 4(2)
20In section 236 (orders and regulations), in subsection (3) (instruments subject to affirmative procedure), after “80G,” insert “80IC, 80IH,”.
Commencement Information
I20Sch. para. 20 not in force at Royal Assent, see s. 4(2)
21(1)This paragraph makes provision to deal with the consequences of this Act coming into force before the Employment Relations (Flexible Working) Act 2023.
(2)In section 1 of the Employment Relations (Flexible Working) Act 2023 (flexible working), omit subsections (2) and (3) (which are superseded by the provision made by paragraph 8 of this Schedule).
(3)Omit paragraph 22 of this Schedule.
Commencement Information
I21Sch. para. 21 not in force at Royal Assent, see s. 4(2)
22(1)This paragraph makes provision to deal with the consequences of the Employment Relations (Flexible Working) Act 2023 coming into force before this Act.
(2)Omit paragraph 8 of this Schedule.
(3)In section 80F (statutory right to request contract variation), for subsections (4) to (4B) (inserted by section 1(3) of the Employment Relations (Flexible Working) Act 2023) substitute—
“(4)This section is subject to section 80IM (which restricts the right to make multiple applications under this Part).”
(4)Omit paragraph 21 of this Schedule.
Commencement Information
I22Sch. para. 22 not in force at Royal Assent, see s. 4(2)
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