The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 1184

TERMS AND CONDITIONS OF EMPLOYMENT

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007

Made

6th April 2007

Laid before Parliament

12th April 2007

Coming into force

3rd May 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 80F(1)(b) and 80F(10) of the Employment Rights Act 1996(1).

Citation and commencement

1.  These Regulations may be cited as the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007 and shall come into force on 3rd May 2007.

Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

2.  The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002(2) are amended as follows.

3.  In Regulation 2 (interpretation), in paragraph (1) in the definition of “relative”—

(a) after “step-son,” insert “son-in-law,”;

(b) after “step-daughter,” insert “daughter-in-law,”.

Jim Fitzpatrick

Parliamentary Under Secretary of State for Employment Relations and Postal Services

Department of Trade and Industry

6th April 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”) which prescribed the employees eligible for the statutory right to request a contract variation, provided for under Section 80F of the Employment Rights Act 1996 (“the 1996 Act”). The 1996 Act was amended by the Work and Families Act 2006 to extend the scope of the right to employees caring for certain adults. The 2002 Regulations were amended by the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (“the 2006 Regulations”) to prescribe the categories of adult in respect of whom a qualifying employee may make a statutory request, and to make certain other related amendments.

These Regulations supplement the 2006 Regulations and insert two further categories of adult in the definition of “relative” which had been intended to be included in the 2006 Regulations.

A Regulatory Impact Assessment of the costs and benefits of the 2006 Regulations, which was prepared on the basis of the inclusion of these two categories of adult, has been placed in the libraries of both Houses of Parliament. Copies are available to the public from the Employment Relations Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. The Assessment is also accessible at the Directorate’s website on www.dti.gov.uk/files/file35189.pdf.

(1)

1996 c.18. Section 80F was inserted by section 47 of the Employment Act 2002 (c.22). It was amended by section 12 of the Work and Families Act 2006 (c.18).

(2)

S.I. 2002/3236; relevant amending instrument is the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314).