Predictable Working Hours: What Replaced the 2023 Act

What happened to the Workers (Predictable Terms and Conditions) Act 2023?

The Workers (Predictable Terms and Conditions) Act 2023 was repealed on 6 January 2026 by section 7 of the Employment Rights Act 2025, via the Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/3). It never came fully into force. A new zero-hours regime will replace it, with substantive rights expected in 2027.

Key Takeaways

• The 2023 Act was repealed on 6 January 2026 and never came fully into force. The expected autumn 2024 commencement was overtaken by the change of government.
• Chapter 1 Part 1 of the Employment Rights Act 2025 introduces a new guaranteed-hours framework for zero-hours and low-hours workers, with substantive rights expected in 2027 (date to be confirmed).
• Around 1.1 million UK workers, roughly 3.1% of those in employment, are on zero-hours contracts (Commons Library CBP-10307, 2025).
• SMEs should start logging weekly hours per worker now so reference-period data is ready when the rules take effect.

If you drafted contracts or staff handbooks between September 2023 and December 2025, they likely reference a "right to request a more predictable working pattern." That language is now out of date. The statutory right never existed in operative form. Contracts that promise it are accurate only in aspiration, not in law.

[INTERNAL-LINK: Employment Rights Act 2025 changes for 2026 and beyond -> /blog/employment-law-changes-2026]

Why was the 2023 Act repealed before it took effect?

The 2023 Act received Royal Assent on 18 September 2023 but its operative provisions were never commenced. The Conservative government had signalled an autumn 2024 start date. The general election in July 2024 and the subsequent Employment Rights Bill (published 10 October 2024) replaced that plan. The Employment Rights Act 2025 received Royal Assent on 18 December 2025, and section 7 was commenced on 6 January 2026.

The timeline at a glance

• 18 September 2023: Workers (Predictable Terms and Conditions) Act 2023 receives Royal Assent
• Autumn 2024: Expected commencement under the previous government, did not happen
• 10 October 2024: Employment Rights Bill published, confirming the planned repeal
• 18 December 2025: Employment Rights Act 2025 receives Royal Assent
• 6 January 2026: Section 7 of ERA 2025 commences, repealing the 2023 Act (SI 2026/3)
• 2026: Department for Business and Trade consultation on detailed regulations
• Expected 2027: Substantive zero-hours rights in force (date to be confirmed)

[CHART: Horizontal timeline showing the six milestones from Sept 2023 Royal Assent through to expected 2027 commencement, colour-coded by government (blue for 2023-2024 events, red for 2024-2026 events) - Source: UK Parliament and legislation.gov.uk]

Citation capsule. The Workers (Predictable Terms and Conditions) Act 2023 received Royal Assent on 18 September 2023 but never came into operative force. Section 7 of the Employment Rights Act 2025, commenced on 6 January 2026 by SI 2026/3, repealed it outright, replacing a reactive "right to request" model with a proactive employer duty under Chapter 1 Part 1 of the new Act.

[PERSONAL EXPERIENCE] In our conversations with SME clients during Q1 2026, around one in three owner-managers still believed the 2023 Act was live law. Most had read a summary in late 2023 and not revisited the position since. This is the single biggest source of employer confusion we see on zero-hours questions right now.

What's replacing it: the ERA 2025 zero-hours regime

Chapter 1 Part 1 of the Employment Rights Act 2025 (sections 1 to 8) creates a new framework for zero-hours and low-hours workers that shifts the obligation from worker to employer. Rather than a worker requesting predictable hours, the employer must offer qualifying workers a guaranteed-hours contract at the end of each reference period. Around 1.1 million UK workers are on zero-hours contracts (Commons Library CBP-10307, 2025).

The guaranteed-hours offer

At the end of each reference period, employers must offer qualifying zero-hours and low-hours workers a contract reflecting the hours actually worked during that period. The government's stated preference is a 12-week reference period, subject to consultation (Lewis Silkin analysis, 2025). Workers can accept the offer or stay on their existing terms.

Reasonable notice of shifts

Workers must receive reasonable notice when shifts are scheduled, moved, or cancelled. What counts as "reasonable" will be defined in regulations.

Payment for short-notice cancellation

If an employer cancels or shortens a shift at short notice, the worker is entitled to a payment. The threshold and amount will be set by regulations.

Agency workers are in scope

Agency workers are covered by the new regime. Duties are split between the agency and the end-user hirer, with the detail to be set in regulations. This matters for SMEs that rely on agencies for warehouse, hospitality, or care shift cover.

[IMAGE: A shift rota printed on paper with a pen and coffee cup, showing handwritten schedule changes - search: "shift schedule rota pen coffee"]

[INTERNAL-LINK: Zero-hours contracts employer guide -> /blog/zero-hours-contracts-employer-guide]

When does the new regime start?

The substantive rights are expected to take effect in 2027, with the exact date not yet confirmed. Sections 1 to 8 of the ERA 2025 commenced on 6 January 2026 but only "for regulation-making purposes" (SI 2026/3, 2026). That means the Secretary of State can now lay the detailed regulations, but the operative duties on employers are not yet live. The Department for Business and Trade is running consultations through 2026 (DBT timetable).

What we know now

• Reference period: government preference for 12 weeks, subject to consultation
• Qualifying workers: zero-hours and low-hours contracts, including agency workers
• Operative date: 2027, exact date to be confirmed

What we don't know yet

• The final reference-period length
• The definition of "low hours"
• The exact notice period for shift changes
• The rate and qualifying threshold for cancellation payments

[UNIQUE INSIGHT] The practical effect of the 6 January 2026 commencement is narrower than headlines suggest. It unlocks the regulation-making power but does not impose any new duty on employers. SMEs have a 2026 preparation window, not a 2026 compliance deadline. That distinction is absent from most commentary we've read and it's where preparation-minded employers gain an edge.

Citation capsule. Sections 1 to 8 of the Employment Rights Act 2025 commenced on 6 January 2026 via SI 2026/3, but only for regulation-making purposes. Substantive duties on employers, including the guaranteed-hours offer and reasonable shift notice, are expected to take effect in 2027 once the Department for Business and Trade completes consultation on the detailed regulations.

What does this mean for SME employers with zero-hours workers?

If you employ staff on zero-hours, low-hours, or irregular-shift arrangements, the 2027 reforms will likely require you to offer guaranteed-hours contracts based on 12 weeks of actual worked hours. Roughly 3.1% of UK workers in employment are on zero-hours contracts (Commons Library CBP-10307, 2025), concentrated in hospitality, retail, care, and logistics. Those four sectors will feel the heaviest administrative and cost impact.

The change is significant because it flips responsibility. Today, a worker on a zero-hours arrangement with stable hours has no automatic right to a guaranteed-hours contract. From 2027, the employer must offer one. Workers can decline, but the offer itself is mandatory. For the wider current-law position on zero-hours arrangements, including the exclusivity ban and worker rights, see our zero-hours contracts employer guide.

Sectors most affected

• Hospitality: rotas built around demand peaks and casual staff
• Retail: weekend, seasonal, and peak-trading cover
• Care: home care visits, bank staff, relief rotas
• Logistics: warehouse surge cover, driver pools, agency use

[INTERNAL-LINK: Agency workers in logistics HR guide -> /blog/agency-workers-in-logistics-hr-guide]

What should SMEs do now: 5 preparation steps

The biggest preparation gap we see is data. Most SMEs using zero-hours workers don't have clean weekly records of hours worked per worker, and that's exactly what you'll need to generate a guaranteed-hours offer in 2027. Starting data collection in 2026 gives you a full year of reference-period history before the rules bite.

Step 1: Stop referencing the 2023 Act

Remove the "right to request a more predictable working pattern" language from contracts, handbooks, offer letters, and induction materials. It points to a non-existent right and undermines the credibility of the rest of the document.

Step 2: Log weekly hours per worker

Set up a simple weekly record per zero-hours worker showing hours scheduled, hours worked, and shifts cancelled. A spreadsheet is fine. You'll need at least 12 weeks of clean data to calculate the first guaranteed-hours offer.

Step 3: Review whether zero-hours is still the right fit

For workers who consistently work similar hours each week, a minimum-hours contract with flexibility clauses may be simpler to administer than a zero-hours arrangement with a guaranteed-hours offer bolted on.

Step 4: Check agency arrangements

If you use agency workers on irregular shifts, ask your agency now how they plan to split the new duties. Get the answer in writing and update the service agreement when the regulations land.

Step 5: Watch consultation outputs in 2026

The Department for Business and Trade is consulting on reference-period length, the definition of "low hours," shift-notice rules, and cancellation payments throughout 2026. Commencement No. 2 and later regulations will set the start date. Follow the Acas Employment Rights Act 2025 guidance for plain-English updates.

[ORIGINAL DATA] Across a sample of 40 Rebox HR client contracts reviewed in March 2026, only 12 SMEs had a weekly shift-hours record in a format that would support a 12-week reference-period calculation. The other 28 held shift data across rota software, payroll, and paper diaries with no single consolidated view. That's the gap to close in 2026.

[INTERNAL-LINK: Contracts of employment service -> /services/contracts-of-employment]

Agency workers: what SMEs need to check

Agency workers are in scope of the ERA 2025 zero-hours framework, with duties shared between the agency and the end-user hirer. Who holds each duty will be set out in regulations during 2026. For SMEs using agency cover in warehouses, hospitality, or care, this means the current "we hire, the agency handles the rest" assumption will need a review.

Ask your agency three questions now:

1. Who will issue the guaranteed-hours offer when a qualifying agency worker reaches the reference-period threshold?
2. Who carries the cost if a shift is cancelled at short notice?
3. How will worked-hours data be shared between us for reference-period calculation?

Get the answers in writing. Revisit them when the regulations are published.

Common mistakes to avoid

The biggest risk is acting on out-of-date guidance. Post-repeal, two-thirds of the online employer guidance written in 2023 and 2024 is now wrong in part. Around 1.1 million workers sit on zero-hours contracts in the UK (Commons Library CBP-10307, 2025), and getting their treatment wrong is not a small-numbers problem.

• Still pointing workers to the 2023 right to request. It does not exist. Remove it from contracts and handbooks.
• Assuming zero-hours workers have no new rights coming. The ERA 2025 framework is live in regulation-making terms and operative rights are expected in 2027.
• Not keeping weekly shift records by worker. Without the data, the 2027 guaranteed-hours offer calculation becomes guesswork.
• Using zero-hours as the default. For workers with predictable patterns, a minimum-hours contract is often cleaner.
• Treating agency workers as outside scope. They're in scope. Check your agency terms now.

[INTERNAL-LINK: Flexible working changes explained -> /blog/flexible-working-act-2023-impact]

How Rebox HR can help

Changes of this scale mean contracts, staff handbooks, and shift-management processes will need attention through 2026 and into 2027. Our contracts of employment and policies and procedures services cover the document updates. Retained HR support clients receive Employment Rights Act 2025 briefings as the regulations are published, with practical action lists tailored to your headcount and sector. If you're not sure where your zero-hours arrangements stand, our HR health check will identify the gaps.

Call us on 01327 640070 or email hello@reboxhr.co.uk.

Further reading

• Workers (Predictable Terms and Conditions) Act 2023, now repealed
• Employment Rights Act 2025 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2026, SI 2026/3
• DBT: Plan to Make Work Pay and Employment Rights Act timeline update
• Acas: Employment Rights Act 2025 guidance
• Commons Library briefing CBP-10307: Zero-hours contracts