The Flexible Working Regulations 2014

• Citation: S.I. 2014/1398
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Flexible Working Regulations 2014 and come into force on 30th June 2014.

(2) In these Regulations—

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

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

Section 2 Application, revocation and saving

(1) These Regulations apply to a flexible working application made on or after 30th June 2014.

(2) The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 are revoked but continue to apply to a flexible working application made before 30th June 2014.

Section 3 Entitlement to make an application

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Section 4 Form of application

A flexible working application must—

(a) be in writing;

(b) state whether the employee has previously made any such application to the employer and, if so, when; and

(c) be dated.

Section 5 Date when application is taken as made

(1) A flexible working application is taken as made on the day it is received.

(2) Any such application is received, unless the contrary is proved—

(a) Where paragraph (3) applies and the application is sent by electronic transmission, on the day of transmission;

(b) if sent by post, on the day on which it would have been delivered in the ordinary course of post; and

(c) if it is delivered personally, on the day of delivery.

(3) This paragraph applies where the employer has agreed that the application can be sent by electronic transmission and has specified an electronic address to which the application can be sent and the electronic form to be used by the employee.

Section 6 Compensation

For the purposes of section 80I of the 1996 Act (remedies) the maximum amount of compensation is 8 weeks’ pay of the employee who presented the complaint under section 80H of the 1996 Act (complaints to employment tribunals).