Homecare Association response to Acas consultation on predictable working pattern Code of Practice

This is the Homecare Association's response to the ACAS consultation on the predictable working pattern draft Code of Practice, January 2024.

Our response reflects a survey of members on particular questions and legal advice received from Anthony Collins Solicitors LLP.

We welcomed the Code's foreword which acknowledges that some people prefer the flexibility of zero hours contracts.

We called for clearer definitions of the term 'worker', clearer timescales for requesting predictable terms and a better explanation for employers of the circumstances in which it could be said that a working pattern lacked predictability.

We highlighted the additional administration that would be needed if employers had to give 'additional information' when declining requests, and difficulty for smaller employers if a different manager had to hear an appeal following a refusal.

We also described members' concerns about whether using a ‘genuine business reason’, under the Employment Rights Act 1996, to reject a request for a predictable working pattern would be sufficient to ensure they can continue to provide flexible care.

We said because commissioners frequently pay inadequate rates, providers have little room to improve pay and conditions and meet extra costs associated with guaranteed hours or fixed term contracts. Also, providing homecare requires a high level of flexibility to meet the needs of people who receive care.

As one of our members aptly put it: ‘The work is not predictable, so how can our staff working hours be predictable?’