Flexible working for carers of children under 18
The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2010 were laid before Parliament on 16 December 2010 and will come into force on 6 April 2011. From that date, an eligible employee will be able to request flexible working to care for any child under 18 years of age.
Currently, the right to request flexible working is available in respect of a child under 17 (or under 18 if the child is disabled). When it came to power, the Coalition Government stated its intention to extend the right to request flexible working to those wanting to care for any child under 18 and then, at a later date, to all employees (a consultation on how to do this and on the creation of a new system of flexible parental leave is awaited).
The Amendment Regulations amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002. The amendment widens one of the conditions under which employees (under section 80F of the Employment Rights Act 1996) may request a contract variation. The condition which is amended relates to the purpose for which the request is made. Before the coming into force of these Regulations the condition requires the purpose of the request to be for the employee to care for a child under 17 or, if disabled, under 18. Following the coming into force of these Regulations this is changed to the child being under 18.
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