Statutory Instruments
2014 No. 1398
Terms And Conditions Of Employment
The Flexible Working Regulations 2014
Made
2nd June 2014
Laid before Parliament
4th June 2014
Coming into force
30th June 2014
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 80F(1)(b), (5), (8)(a), 80G(2), (3), 80(H)(3)(b), 80I(3) and section 236(5) of the Employment Rights Act 1996( 1 ).
Citation, commencement and interpretation I1
1. —(1) These Regulations may be cited as the Flexible Working Regulations 2014 and come into force on 30th June 2014.
(2) In these Regulations—
“the 1996 Act” means the Employment Rights Act 1996;
“flexible working application” means an application made under section 80F of the 1996 Act (statutory right to request contract variation).
Application, revocation and saving I2
2. —(1) These Regulations apply to a flexible working application made on or after 30th June 2014.
(2)The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002( 2 ) are revoked but continue to apply to a flexible working application made before 30th June 2014.
Entitlement to make an application
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Form of application I3
4. A flexible working application must—
(a) be in writing;
(b) state whether the employee has previously made any such application to the employer and, if so, when; and
(c) be dated.
Date when application is taken as made I4
5. —(1) A flexible working application is taken as made on the day it is received.
(2) Any such application is received, unless the contrary is proved—
(a) Where paragraph (3) applies and the application is sent by electronic transmission, on the day of transmission;
(b) if sent by post, on the day on which it would have been delivered in the ordinary course of post; and
(c) if it is delivered personally, on the day of delivery.
(3) This paragraph applies where the employer has agreed that the application can be sent by electronic transmission and has specified an electronic address to which the application can be sent and the electronic form to be used by the employee.
Compensation I5
6. For the purposes of section 80I of the 1996 Act (remedies) the maximum amount of compensation is 8 weeks’ pay( 3 ) of the employee who presented the complaint under section 80H of the 1996 Act (complaints to employment tribunals).
Jenny Willott
Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs
Department for Business, Innovation and Skills
2nd June 2014
1996 c. 18 . Sections 80F to 80I were inserted by section 47 of the Employment Act 2002 (c. 22) . Section 80F was amended by section 131 of the Children and Families Act 2014 (c. 6) . Section 80G was amended by section 132 and section 80H was amended by section 133 of that Act.
S.I. 2002/3236 as amended by S.I. 2006/3314 , S.I. 2007/1184 , S.I. 2007/2286 , S.I. 2009/595 , S.I. 2011/1740 , S.I. 2013/591 and S.I. 2013/388 .
A week’s pay is calculated in accordance with Chapter 2 of Part 14 of the Employment Rights Act 1996.