Section 9 — Right to request flexible working

(1) Part 8A of the Employment Rights Act 1996 (flexible working) is amended in accordance with subsections (2) to (6).

(2) Section 80G (employer’s duties in relation to application for change to working hours, etc) is amended in accordance with subsections (3) to (5).

(3) In subsection (1), for paragraph (b) substitute— (b) may refuse the application only if— (i) the employer considers that the application should be refused on a ground or grounds listed in subsection (1ZA), and (ii) it is reasonable for the employer to refuse the application on that ground or those grounds. (1ZA) The grounds mentioned in subsection (1)(b) are— (a) the burden of additional costs; (b) detrimental effect on ability to meet customer demand; (c) inability to re-organise work among existing staff; (d) inability to recruit additional staff; (e) detrimental impact on quality; (f) detrimental impact on performance; (g) insufficiency of work during the periods the employee proposes to work; (h) planned structural changes; (i) any other grounds specified by the Secretary of State in regulations.

(4) After subsection (1ZA) insert— (1ZB) If an employer refuses an application under section 80F, the notification under subsection (1)(aa) must— (a) state the ground or grounds for refusing the application, and (b) explain why the employer considers that it is reasonable to refuse the application on that ground or those grounds.

(5) After subsection (1D) insert— (1E) The steps which an employer must take in order to comply with subsection (1)(aza) include, among others, any steps specified in regulations made by the Secretary of State.

(6) In section 80H (complaints to employment tribunals), in subsection (1)(a), for “comply with” substitute “act in accordance with”.

(7) In section 202 of the Employment Rights Act 1996 (national security), in subsection (2), after paragraph (e) insert— (eza) Part 8A, .