Statutory Rules of Northern Ireland

2010 No. 221

Employment

Work And Families

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations (Northern Ireland) 2010

Made

23rd June 2010

Coming into operation

18th July 2010

The Department for Employment and Learning(1) makes the following Regulations, in exercise of the powers conferred by Articles 112F(1)(b) and (9) of the Employment Rights (Northern Ireland) Order 1996, now vested in it(2):

Citation and commencement

1. These Regulations may be cited as the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 18th July 2010.

Amendment of the Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003

2.—(1) The Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003(3) are amended as follows.

(2) For regulation 3A, substitute—

“An application under regulation 3 must be made before the day on which the child concerned reaches the age of 17 or, if disabled, 18.”

Sealed with the Official Seal of the Department for Employment and Learning on 23rd June 2010.

Sir Reg Empey

Minister for Employment and Learning

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 174), widening the scope of the right of employees (under Article 112F of the Employment Rights (Northern Ireland) Order 1996) to request a contract variation. The right previously applied to carers of children under 6 or disabled children under 18, as well as employees who care for certain adults. It is extended to cover carers of children under 17.

Regulatory and Equality Impact Assessments are available on request from the Department for Employment and Learning.

(1)

Formerly the Department of Higher and Further Education, Training and Employment; See 2001 c.15 (N.I.)

(2)

S.I. 1996/1919 (N.I. 16) Article 112F was inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by Article 14 of the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I.16))

(3)

S.R. 2003 No. 174. A relevant amending instrument is the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007 No.53)