In this article, Liz Atkins looks at the latest regulations in respect of flexible working.

Section 47 of the Employment Act 2002 details the right of employees to request flexible working. The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (SI No. 3236) and Flexible Working (Procedural Requirements) Regulations 2002 (SI No. 3207) came into effect on 6 April 2003.

An employee can request changes to the following:-

• hours an employee is required to work.
• times that employee is required to work.
• place of work.
• any other matter that the Secretary of State may specify.

There is only one basis on which an employee can make such a request. It must be for the purposes of caring for a child under 6 years of age or, where a child is disabled, under the age of 18.

A formal procedure must be followed and the Act sets out the process that an employee must complete, and the criteria they must meet, when making a request for flexible working:

1. The employee must present a reasoned case which must:

• be in writing.
• make specific reference to the section number, of the Act, when applying for a variation.
• explain what effect, if any, the change would have on the employer and how this change could be dealt with.