The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (S.I. 2002/3236) (“the 2002 Regulations”) in respect of the categories of person entitled to make a request under the statutory right for employees to request a contract variation to care for a child or an adult.

The right is provided for in the Employment Rights Act 1996 as amended by the Work and Families Act 2006.

Regulation 3 amends the definitions in regulation 2(1) of the 2002 Regulations. Those amendments redefine “adopter”, to extend the definition to those who are adopting a child, whether domestically or intercountry, where the child has not been placed with those adopters by a UK adoption agency. They also add definitions of “adoption agency”, “private foster carer” and “residence order”.

Regulation 4 adds private foster carer, and the spouse, partner and civil partner of a private foster carer, to the list of those people who are entitled to request a contract variation to care for a child, to encompass a category of people who foster children privately rather than those with whom children are placed by fostering services. It also adds a person in whose favour a residence order is in force in respect of a child, and the spouse, partner or civil partner of such a person, to that list.

No Impact Assessment of the costs and benefits of these Regulations to business has been prepared because the additional costs to business are estimated to be negligible.