The Right to Request a Predictable Working Pattern: What It Means for Shift Workers

If you run a cafe, a salon, a shop or any small business that relies on shift staff, you have probably heard talk of a new right to request a more predictable working pattern. It comes from the Workers (Predictable Terms and Conditions) Act 2023, and it is worth understanding properly rather than through second-hand summaries. This guide explains the principle in plain English, what it is likely to mean for your rota planning, and the practical steps you can take now to stay on the right side of it.

What is the right to request a predictable working pattern?

The right lets a worker formally ask their employer to change their working pattern where that pattern lacks predictability. In practice this is aimed at people whose hours, days or shift times vary from week to week, and at those on fixed-term contracts. A worker might ask for more certainty about the days they work, the times of their shifts, the number of hours they are guaranteed, or the length of their contract. Importantly, this is a right to request, not a right to demand: the worker makes an application, and the employer must consider it properly and respond within a reasonable period. It sits alongside, but is separate from, the older right to request flexible working, and it is aimed squarely at reducing the uncertainty that comes with irregular and zero-hours-style arrangements.

The measure was introduced through a private member's bill that received Royal Assent in 2023, with the detail of how it operates set out in supporting regulations and an Acas code of practice. Because the exact commencement timing and some procedural details have been subject to government scheduling, the sensible approach for a small employer is to focus on the underlying principle: workers who lack predictability will be able to ask for more of it, and you will need a fair process for handling those requests. If you want precise dates and figures, check the current guidance on GOV.UK and the Acas website rather than relying on any single article, as the specifics can move.

Who can make a request, and how does the process work?

The right is designed to cover workers, not only employees in the narrow legal sense, which means agency workers and many people on casual or variable arrangements are intended to fall within its scope. There is generally a qualifying period of service before a worker can apply, and a limit on how many applications a worker can make in a rolling twelve-month period. Once a request is made, the employer is expected to deal with it reasonably and to give a decision within a set timeframe. An employer can turn a request down, but only for specified business reasons, such as the burden of additional costs, a detrimental effect on the ability to meet customer demand, insufficient work during the periods the worker proposes to work, or planned structural changes.

In everyday terms, if a member of your bar staff who has been working unpredictable shifts for several months asks to be guaranteed, say, three fixed evening shifts a week, you should not simply ignore it or dismiss it out of hand. You should consider it against how your business actually operates, discuss it with them, and give a clear, reasoned answer. Keeping a written record of the request, the conversation and your decision is strongly advisable, both because it is good practice and because it demonstrates you followed a fair process.

Why does this matter for how you plan rotas?

For most small hospitality, retail and beauty businesses, the honest answer is that some unpredictability is unavoidable. Trade fluctuates, people call in sick, and a quiet Tuesday looks nothing like a fully booked Saturday. The new right does not outlaw variable shifts, and it does not force you to hand every worker a fixed timetable. What it does do is raise the expectation that you can justify how you build your rota and that you engage seriously when someone asks for more stability.

That expectation rewards employers who already plan ahead. If you publish rotas well in advance, keep shift patterns as consistent as your trade allows, and avoid last-minute changes wherever possible, you are naturally aligned with the spirit of the legislation. It is the businesses that run entirely reactively, texting people the night before to ask them to come in, that will find requests harder to manage and refusals harder to defend.

• Plan and publish rotas early so staff can see their pattern and rely on it.
• Keep shifts consistent where you can, so a worker's week is broadly recognisable from one to the next.
• Track hours accurately so that when someone asks about their pattern, you can see exactly what they have actually been working.
• Record requests and decisions in writing, with a genuine business reason for any refusal.
• Train whoever manages the rota so they understand the request process and respond within a reasonable time.

How can accurate records help you respond fairly?

One of the quiet challenges of these requests is evidence. If a worker says their hours are unpredictable and you disagree, the conversation quickly comes down to what the records show. Where you only have a paper rota and a rough memory of who covered what, it is difficult to have an objective discussion. Where you have a reliable, time-stamped record of when each person actually clocked in and out, you can look at the real pattern together and reach a fair conclusion far more easily. Good records protect both sides: they help the worker see their true pattern and they help you justify a decision if you cannot accommodate a request in full.

This is where getting your day-to-day timekeeping right pays off well beyond compliance with any single law. Accurate hours underpin correct pay, holiday calculations, and any conversation about workload or predictability. This is exactly what Kiwii is built for. Staff clock in and out through WhatsApp, with no app to install, and you can also use the mobile app or a smartwatch, so recording hours takes seconds and does not depend on anyone remembering to fill in a sheet. Every entry is time-stamped and geolocated, giving you a tamper-proof record of the hours actually worked. Paired with Kiwii's rota and shift planning tools, you can build the week in advance, share it with your team, and compare planned shifts against what really happened.

What should a small business do now?

You do not need to overhaul your business overnight. Start by getting an honest picture of how predictable your current patterns really are, and where the genuine flexibility in your operation lies. Make sure whoever builds the rota knows that predictable-working requests may come in and understands they must be handled reasonably and answered promptly. Tighten up your record keeping so that any discussion about hours can be grounded in facts rather than memory. And keep an eye on the official guidance for the precise rules and timescales as they take full effect.

Handled well, this is less a burden than an opportunity. Workers who can rely on their pattern tend to stay longer, and lower turnover is a real saving in a sector where recruitment is a constant cost. Treat predictability as something worth planning for, and you turn a legal obligation into a genuine advantage.

If you would like an easier way to plan rotas and keep accurate, tamper-proof records of the hours your team actually works, Kiwii lets staff clock in via WhatsApp and helps you build and share shifts with UK pricing in GBP. It is a simple, practical way to bring more predictability to your working week.