Flexible Working Regulations Published
The Flexible Working Regulations 2014 have been laid before Parliament and will come into force on 30 June.
The right to request flexible working is being extended to all employees from 30 June, meaning that the right will no longer be limited to parents and carers.
The Regulations revoke the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (except in respect of applications made prior to 30 June) and provide that:
- Employees need 26 weeks’ service to make a flexible working application;
- The application must be made in writing, state whether the employee has made any previous application and, if so, when;
- The application must be dated; and
- The maximum amount of compensation for breach of flexible working rights remains 8 weeks’ (capped) pay.
The Regulations apply to any application made on or after 30 June. An application is made on the date it is received which, if it has been agreed can be sent electronically, is the date of transmission, if sent by post, is the day on which it would be delivered in the ordinary course of post, and if delivered personally, is the day of delivery.
Under provisions of the Children and Families Act 2014, employers will have to consider requests in a reasonable manner and Acas has published a Code of Practice and additional guidance to help employers consider requests reasonably. This obligation replaces the current more prescriptive procedural requirements for considering requests.
If you would like help with updating your flexible working policy in preparation for the changes in the law, please contact your usual Doyle Clayton adviser or email firstname.lastname@example.org.
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