Predictable working hours: the new right explained

The right to request a predictable working pattern is one of the quieter changes introduced by the Employment Rights Act 2025, but it affects a wide range of employers — particularly those in sectors where shift patterns are set week to week and workers have little certainty about when they will next work.

The right applies to workers whose working patterns are entirely or mostly unpredictable. A worker who has a fixed-hours contract with predictable start and end times cannot use this right. A worker who is on a rota that changes each week, or who is on a zero-hours contract with no guaranteed minimum, can make a request for a more predictable arrangement.

A request under the predictable hours right is a formal request. It must be made in writing and specify what change the worker is asking for — more regular days, a fixed minimum number of hours per week, or consistent start and end times. Employers have one month to respond. The response must either accept the request, accept it with modifications, or refuse it on one of the permitted grounds.

The permitted grounds for refusal mirror those for flexible working requests: burden of additional costs, detrimental impact on ability to meet customer demand, inability to reorganise work among existing staff, insufficient work during the proposed period, structural or planned changes to the business. These grounds are available, but they must be applied genuinely. A blanket policy of refusing all predictability requests without individual assessment is not compliant.

Workers can make two requests in any 12-month period. Between requests, there is a three-month cooling-off period. The right is separate from — and in addition to — the right to request a contract reflecting a regular working pattern under the zero-hours provisions. The two rights can be used together by a worker who wants both to formalise their existing pattern and to seek greater certainty going forward.

For employers, the practical challenge is having a process to handle these requests correctly. A request that falls outside the six permitted refusal grounds cannot simply be declined. If you refuse and the reason does not genuinely fit one of the statutory grounds, the worker can bring a claim at employment tribunal. Awards are uncapped where the employer is found to have discriminated on a protected characteristic in how requests are handled.

The right also has implications for how you write your employment contracts. If your contracts describe the arrangement as entirely variable and make no reference to hours at all, and a worker has in practice been working a consistent schedule for months, the gap between the contractual position and the reality is a risk. Courts and tribunals look at what actually happens, not just what the contract says.

Review your shift-based and zero-hours contracts. Consider whether workers who have been with you for three or more months on a consistent schedule have a basis for a predictability request. Being proactive — offering a more settled arrangement before a formal request arrives — is often easier than managing a refusal process.

See our guides on zero hours contracts under ERA 2025 and how to update your employment contracts for ERA 2025 for related guidance.

Mellow's contract module includes updated templates reflecting the predictable hours provisions, and the absence and shift management tools track actual working patterns week by week. [Start a free trial →](https://mellowhr.com/register)