Section 80F — Statutory right to request contract variation

(1) [F1 A qualifying employee may apply to his employer for a change in his terms and conditions of employment if—]

(a) [F1 the change relates to—]

(i) [F1 the hours he is required to work,]

(ii) [F1 the times when he is required to work,]

(iii) [F1 where, as between his home and a place of business of his employer, he is required to work, or]

(iv) [F1 such other aspect of his terms and conditions of employment as the Secretary of State may specify by regulations, ... ]

(2) [F1 An application under this section must—]

(a) [F1 state that it is such an application, [F2 and]]

(b) [F1 specify the change applied for and the date on which it is proposed the change should become effective, ...]

(4) [F1 [F3 An employee may not—]]

(a) [F1 [F3 make more than two applications under this section to the same employer during any period of 12 months;]]

(b) [F1 [F3 make an application under this section to an employer if another such application to the same employer is proceeding.]]

(4A) [F1 [F3 For the purposes of this section an application is “proceeding” during any of these periods—]]

(a) [F1 [F3 the period—]]

(i) [F1 [F3 beginning when the application is made, and]]

(ii) [F1 [F3 ending when the application is concluded;]]

(b) [F1 [F3 any period—]]

(i) [F1 [F3 beginning when an appeal against a decision to refuse the application is brought, and]]

(ii) [F1 [F3 ending when the appeal is concluded;]]

(c) [F1 [F3 any period—]]

(i) [F1 [F3 beginning when, in accordance with section 80G(1C)(b), the decision period for an application or appeal is extended with retrospective effect, and]]

(ii) [F1 [F3 ending when the application or appeal is concluded.]]

(4B) [F1 [F3 For the purposes of this section an application or appeal is “concluded” when any of these events occurs—]]

(a) [F1 [F3 a decision is made on the application or appeal under section 80G;]]

(b) [F1 [F3 the application or appeal is withdrawn;]]

(c) [F1 [F3 the application or appeal is disposed of by agreement;]]

(d) [F1 [F3 the decision period specified in section 80G for the application or appeal ends without a decision, withdrawal or agreed disposal.]]

(5) [F1 The Secretary of State may by regulations make provision about—]

(a) [F1 the form of applications under this section, and]

(b) [F1 when such an application is to be taken as made.]

(8) [F1 For the purposes of this section, an employee is—]

(a) [F1 a qualifying employee if he—]

(i) [F1 satisfies such conditions as to duration of employment as the Secretary of State may specify by regulations, and]

(ii) [F1 is not an agency worker [F4 (other than an agency worker who is returning to work from a period of parental leave under regulations under section 76)];]

(b) [F1 an agency worker if he is supplied by a person (“ the agent ”) to do work for another (“ the principal ”) under a contract or other arrangement made between the agent and the principal. ]

(9) [F1 [F5 Regulations under this section may make different provision for different cases.]]

Amendment notes

1. F1 Pt. 8A inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 47(2); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
2. F2 Word in s. 80F(2)(a) inserted (6.4.2024) by Employment Relations (Flexible Working) Act 2023 (c. 33), ss. 1(2)(a), 2(2) (with s. 1(7)); S.I. 2024/438, reg. 2
3. F3 S. 80F(4)-(4B) substituted for s. 80F(4) (6.4.2024) by Employment Relations (Flexible Working) Act 2023 (c. 33), ss. 1(3), 2(2) (with s. 1(7)); S.I. 2024/438, reg. 2
4. F4 Words in s. 80F(8)(a)(ii) inserted (8.3.2013) by The Parental Leave (EU Directive) Regulations 2013 (S.I. 2013/283), regs. 1, 2
5. F5 S. 80F(9)(10) inserted (6.4.2007) by Work and Families Act 2006 (c. 18), ss. 12(5), 19; S.I. 2006/1682, art. 4(a)