The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

[F1 Interpretation E+W+S

2.— (1) In these Regulations—

“the 1996 Act” means the Employment Rights Act 1996;

“the Procedure Regulations” means the Flexible Working (Procedural Requirements) Regulations 2002(1);

[F2 “adopter”, in relation to a child, means—

(a)

a person with whom an adoption agency has decided the child should be placed for adoption, or

(b)

a person who has given notice of his intention to apply for an adoption order as required by section 44 of the Adoption and Children Act 2002 or [F3 section 18 of the Adoption and Children (Scotland) Act 2007];]

[F4 “adoption agency” means an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002, Article 3(3) of the Adoption (Northern Ireland) Order 1987 or [F5 section 119(1) of the Adoption and Children (Scotland) Act 2007];]

“application” means an application under section 80F of the 1996 Act (statutory right to request contract variation);

[F6 “child arrangements order” means a child arrangements order as defined in section 8(1) of the Children Act 1989;]

“contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing;

“contract variation”, means a change in the terms and conditions of a contract of employment of a kind specified in section 80F(1)(a) of the 1996 Act;

[F7 “disabled” means entitled to a disability living allowance within the meaning of section 71 of the Social Security Contributions and Benefits Act 1992 [F8 or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011] [F9 or personal independence payment under Part 4 of the Welfare Reform Act 2012];]

“electronic communication” means an electronic communication within the meaning of section 15(1) of the Electronic Communications Act 2000(2);

“employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment;

“employer” means the person by whom an employee is (or, where the employment has ceased, was) employed;

“foster parent” means a foster parent within the meaning of regulation 2(1) of the Fostering Services Regulations 2002(3) or a foster carer within the meaning of regulation 2(1) of the Fostering of Children (Scotland) Regulations 1996(4);

“guardian” means a person appointed as a guardian under section 5 of the Children Act 1989(5) or section 7 or 11 of the Children (Scotland) Act 1995(6);

[F10 “partner” means the other member of a couple consisting of—

(a)

a man and a woman who are not married to each other but are living together as if they were husband and wife, or

(b)

two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;]

[F11 “private foster carer” means a person fostering a child privately within the meaning of section 66 of the Children Act 1989 or an individual other than a parent of the child who maintains the child as a foster child for the purposes of the Foster Children (Scotland) Act 1984, or otherwise looks after the child in circumstances in which that Act applies by virtue of section 17 of that Act;]

[F12 “relative” means a mother, father, adopter, guardian, special guardian parent-in-law, step-parent, son, step-son, [F13 son-in-law,] daughter, step-daughter, [F14 daughter-in-law,] brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, uncle, aunt or grandparent, and includes adoptive relationships and relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption;

[F15 “residence order” means a residence order as defined by F16 ... section 11(2)(c) of the Children (Scotland) Act 1995;]

“special guardian”, means a person appointed as a special guardian under section 14A of the Children Act 1989;]

“writing” includes writing delivered by means of electronic communication.

[F17 (2) A reference in any provision of these Regulations to a period of continuous employment is to a period computed in accordance with Chapter 1 of Part 14 of the 1996 Act, as if the provision were a provision of that Act.]

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Regulations revoked (with saving) (30.6.2014) by The Flexible Working Regulations 2014 (S.I. 2014/1398), reg. 2(2)

F2 Words in reg. 2(1) substituted (1.10.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2286), regs. 1, 3(a)

F3 Words in reg. 2 substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 33(2)(a)

F4 Words in reg. 2(1) inserted (1.10.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2286), regs. 1, 3(b)

F5 Words in reg. 2 substituted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 33(2)(b)

F6 Words in reg. 2(1) inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 9(2)(i)

F7 Words in reg. 2(1) inserted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 3(2)(a)

F8 Words in reg. 2(1) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 28(2)

F9 Words in reg. 2(1) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 32

F10 Words in reg. 2(1) substituted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 3(2)(b)

F11 Words in reg. 2(1) inserted (1.10.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2286), regs. 1, 3(c)

F12 Words in reg. 2(1) inserted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 3(2)(c)

F13 Words in reg. 2(1) inserted (3.5.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007 (S.I. 2007/1184), regs. 1, 3(a)

F14 Words in reg. 2(1) inserted (3.5.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2007 (S.I. 2007/1184), regs. 1, 3(b)

F15 Words in reg. 2(1) inserted (1.10.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2286), regs. 1, 3(d)

F16 Words in reg. 2(1) omitted (22.4.2014) by virtue of The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 9(2)(ii)

F17 Reg. 2(2) substituted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 3(3)

F18 Reg. 2(3) omitted (6.4.2007) by virtue of The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 3(4)

Commencement Information

I1 Reg. 2 in force at 6.4.2003, see reg. 1

(1)

S.I. 2002/3207.

(2)

2000 c. 7.

(3)

S.I. 2002/57, amended by S.I. 2002/865.

(4)

S.I. 1996/3263.

(5)

1989 c. 41.

(6)

1995 c. 36; section 11 was amended by the European Communities (Matrimonial Jurisdiction and Judgements) (Scotland) Regulations 2001 (S.S.I. 2001/36.)