The Right to Request a Predictable Working Pattern: How It Works in 2026
Since late 2024, workers on unpredictable hours have a statutory right to request a more predictable working pattern. How the request process works in 2026 and what pay impact it can have.
Quick answer
The right to request a predictable working pattern gives eligible workers β particularly those on zero-hours contracts, short fixed-term contracts, or otherwise unpredictable arrangements β a formal way to ask their employer for more certainty over when and how much they work, without needing to rely on informal conversations that an employer may or may not act on.
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This right specifically targets the group of workers whose current arrangement lacks predictability β most obviously zero-hours contract workers with no guaranteed minimum hours, but also workers on very short fixed-term contracts, or those whose actual working pattern in practice has been unpredictable even if their contract looks otherwise standard. A minimum period of working for the employer generally needs to have passed before a request can be made, similar in principle to the qualifying service rules for other statutory employment requests.
How a request works in practice
A worker can make up to two formal statutory requests within any rolling 12-month period, and the employer is required to respond within a set statutory timeframe, considering the request properly rather than dismissing it out of hand. The request itself should set out what a more predictable pattern would look like β for example, guaranteed minimum hours on specific days, or a set notice period for shifts β giving the employer a concrete proposal to respond to.
The grounds an employer can use to refuse
An employer isn't obliged to agree to every request. Refusal is only valid where it falls within one of the specified statutory grounds, which typically include the cost burden of accommodating the change, an inability to reorganise work among the existing workforce, insufficient work being available at the times requested, or the change conflicting with planned structural changes to the business. A refusal outside these grounds, or one not properly considered, can potentially be challenged.
Why this is narrower than "flexible working"
It's worth distinguishing this right from the broader, separately established right to request flexible working (which covers things like changed hours, compressed working weeks, or working from a different location, and is available more widely from day one of employment). The predictable working pattern right is specifically about addressing genuine unpredictability in hours, days worked, or contract length β it's a targeted tool for a particular problem, rather than a general-purpose flexibility mechanism.
What a successful request does and doesn't change
Getting a request agreed improves the predictability of a working pattern β knowing in advance which days and hours will be worked, for example β but it doesn't automatically mean more total hours or higher pay. In practice, though, having a clearer, agreed pattern often makes it easier for a worker to separately negotiate for additional guaranteed hours, or to plan other work or childcare around a settled schedule, which is where much of the practical value tends to come from.
Bottom line
Anyone on an unpredictable working pattern who wants more certainty over their hours has a genuine statutory route to ask for it β the request needs to be specific about what predictability looks like, and it's worth understanding the statutory refusal grounds in advance so a response can be properly assessed.
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Frequently asked questions
Who can make a statutory request for a predictable working pattern?
Workers and agency workers whose existing working pattern lacks predictability β in terms of hours, days, or the length of their contract β can make a request, provided they meet the minimum service requirement (generally having worked for the employer for a set reference period before applying).
How many times can a predictable working pattern request be made?
A worker can make up to two statutory requests in any rolling 12-month period, similar in structure to the flexible working request rules, and an employer must respond within a set statutory timeframe.
Can an employer refuse a predictable working pattern request?
Yes β an employer can refuse the request on one of the specified statutory grounds, such as the burden of additional costs, an inability to reorganise work among existing staff, or insufficient work available at the times requested, but the refusal must genuinely fall within one of the listed grounds.
How is this different from the general right to request flexible working?
The predictable working pattern right is specifically aimed at improving certainty over hours, days and contract length for workers on unpredictable arrangements (such as zero-hours or short fixed-term contracts), whereas the general flexible working right covers a broader range of changes, such as working location, compressed hours or job-sharing, for a wider pool of employees.
Does a successful request guarantee more total pay?
Not necessarily β the right is about predictability of pattern (which hours/days are worked and for how long), not necessarily about an increase in total hours or pay, though in practice more predictable hours often make it easier to plan and sometimes negotiate for additional guaranteed hours.
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