Employment Rights Act 1996

[F1 80F Statutory right to request contract variation E+W+S

(1) A qualifying employee may apply to his employer for a change in his terms and conditions of employment if—

(a) the change relates to—

(i) the hours he is required to work,

(ii) the times when he is required to work,

(iii) where, as between his home and a place of business of his employer, he is required to work, or

(iv) such other aspect of his terms and conditions of employment as the Secretary of State may specify by regulations, F2 ...

F3 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application under this section must—

(a) state that it is such an application,

(b) specify the change applied for and the date on which it is proposed the change should become effective, [F4 and]

(c) explain what effect, if any, the employee thinks making the change applied for would have on his employer and how, in his opinion, any such effect might be dealt with, F5 ...

F5 ( d ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If an employee has made an application under this section, he may not make a further application under this section to the same employer before the end of the period of twelve months beginning with the date on which the previous application was made.

(5) The Secretary of State may by regulations make provision about—

(a) the form of applications under this section, and

(b) when such an application is to be taken as made.

(6) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purposes of this section, an employee is—

(a) a qualifying employee if he—

(i) satisfies such conditions as to duration of employment as the Secretary of State may specify by regulations, and

(ii) is not an agency worker [F7 (other than an agency worker who is returning to work from a period of parental leave under regulations under section 76)];

(b) an agency worker if he is supplied by a person (“ the agent ”) to do work for another (“ the principal ”) under a contract or other arrangement made between the agent and the principal.

[F8 (9) Regulations under this section may make different provision for different cases.

F9 ( 10 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F1 Pt. 8A inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 47(2); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

F2 Word in s. 80F(1)(a)(iv) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 131(2)(a), 139(6); S.I. 2014/1640, art. 3(1)(k) (with art. 10)

F3 S. 80F(1)(b) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 131(1), 139(6); S.I. 2014/1640, art. 3(1)(k) (with art. 10)

F4 Word in s. 80F(2)(b) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 131(2)(b), 139(6); S.I. 2014/1640, art. 3(1)(k) (with art. 10)

F5 S. 80F(2)(d) and word preceding it repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 131(2)(c), 139(6); S.I. 2014/1640, art. 3(1)(k) (with art. 10)

F6 S. 80F(3)(6)(7) repealed (6.4.2007) by Work and Families Act 2006 (c. 18), ss. 12(4), 15, 19, Sch. 2; S.I. 2006/1682, art. 4

F7 Words in s. 80F(8)(a)(ii) inserted (8.3.2013) by The Parental Leave (EU Directive) Regulations 2013 (S.I. 2013/283), regs. 1, 2

F8 S. 80F(9)(10) inserted (6.4.2007) by Work and Families Act 2006 (c. 18), ss. 12(5), 19; S.I. 2006/1682, art. 4(a)

F9 S. 80F(10) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 131(2)(d), 139(6); S.I. 2014/1640, art. 3(1)(k) (with art. 10)