The Flexible Working Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for—

• the condition as to the duration of employment which an employee must satisfy in order to make a flexible working application under section 80F of the Employment Rights Act 1996 (c.18) (“1996 Act”);

• the form of any such application and when it is taken to be made; and

• the maximum compensation that an employment tribunal can award in relation to a complaint that an employer has failed to deal correctly with such an application.

Regulation 2 provides that these Regulations apply to any flexible working application made on or after 30th June 2014. The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (S.I. 2002/3236) are revoked but continue to apply to any such application made before 30th June 2014.

Regulation 3 requires an employee to have 26 weeks of continuous employment in order to make a flexible working application. The provisions of Chapter 1 of Part 14 of the 1996 Act determine the computation of continuous employment.

Regulation 4 provides that the application must be in writing, must be dated and must state if any previous flexible working applications have been made and, if so, when.

Regulation 5 provides that a flexible working application is made on the day it is received. The regulation sets out how the day of receipt is determined.

Regulation 6 provides that 8 weeks’ pay of the employee is the maximum compensation that an employment tribunal can award if it finds a complaint made by the employee under section 80H of the 1996 Act is well-founded. A week’s pay is calculated in accordance with Chapter 2 of Part 14 of the 1996 Act. A week’s pay is subject to a maximum limit as set out in section 227 of that Act.

An impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: government response on flexible parental leave impact assessment which was published in November 2012. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.