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Employers' Guide to HR
Flexible Working Regulations
Under the Employment Act 2002 (and more recently the Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2009), employees with children under the age of 17, or disabled children under 18, have a right to request flexible working arrangements. Under the Flexible Working Regulations (2006), eligible employees have the right to request flexible working to care for an adult in need of care.
Last Modified on: 2009/12/15 11:54
Last Reviewed on: 2010/06/14 11:30
Flexible Working Regulations
The following article outlines the process and obligations employers must fulfil under these Regulations.
Eligible employees who have at least 26 weeks of continuous service at the time the application is made have a right to request flexible working arrangements. Failure to comply with these Regulations can lead to both men and women putting in claims of Sex Discrimination which may lead to unlimited compensation claims under the Sex Discrimination Act.
An employer does not have to accept the request, however, they must seriously consider the request, hold a meeting with the employee to discuss the request and put their reasons for refusal in writing.
Eligible employees may either have children under the age of 17, or if disabled under 18, or they may care for an adult who falls in one of the following categories:
A spouse, partner, civil partner or relative as defined in law, including step-relatives,
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