
1 

(1) These Regulations may be cited as the Flexible Working Regulations (Northern Ireland) 2015 and shall come into operation on 5th April 2015.
(2) In these Regulations—
 “the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996;
 “flexible working application” means an application made under Article 112F of the 1996 Order (statutory right to request a contract variation);
 “the Procedure Regulations” means the Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003.
2 

(1) These Regulations apply to a flexible working application made on or after 5th April 2015.
(2) The Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003 are revoked but continue to apply to a flexible working application made before 5th April 2015.
3 
An employee who has been continuously employed for a period of at least 26 weeks is entitled to make a flexible working application.
4 
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.
5 

(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.
6 
The breaches of the Procedure Regulations which entitle an employee to make a complaint to an industrial tribunal under Article 112H of the 1996 Order, notwithstanding the fact that his application has not been disposed of by agreement or withdrawn, are—
(a) failure to hold a meeting in accordance with regulation 3(1) or 8(1);
(b) failure to notify a decision in accordance with regulation 4 or 9.
7 
For the purposes of Article 112I of the 1996 Order (remedies) the maximum amount of compensation is 8 weeks’ pay of the employee who presented the complaint under Article 112H of the 1996 Order (complaints to industrial tribunals).
Sealed with the Official Seal of the Department for Employment and Learning on 2nd March 2015.
Dr Stephen Farry
Minister for Employment and Learning
