Flexible Working Regulations 2020

Overview

The draft Flexible Working Regulations 2020 are intended to replace the existing Flexible Working Regulations 2007. The Regulations set out some of the requirements for employees in making a request for flexible working and for employers in dealing with such requests.

Why your views matter

The potential business benefits of suitable flexible working arrangements for both employers and workers are now widely accepted. The right to request flexible working in the Isle of Man was introduced by the Flexible Working Regulations 2007, which were made under enabling powers contained in the Employment Act 2006. 

On 1 January 2020 modifications to the Employment Act 2006 relating to the existing right to request flexible working came into operation. In particular the changes have extended the right to request flexible working by removing the previous requirement that the purpose in applying for flexible working must be to enable the employee making the request to care for a defined dependant. 

The draft Regulations are based on the UK's Flexible Working Regulations 2014. They are much shorter than the 2007 Regulations, in part because the process for making a flexible working request is far less prescriptive while in addition some process requirements, previously contained in the Regulations, are now contained in the 2006 Act. 

Specifically, the Regulations set out: 

• who is entitled to exercise the right
• how an application for flexible working must be made
• the calculation basis for the date on which an application is taken as made and 
• the maximum amount of compensation that can be awarded by the Employment and Equality Tribunal for a breach of the statutory right.

The Regulations make one particularly significant change to the current framework for making a flexible working request. Currently the right applies to an employee who has been continuously employed for 26 weeks. It is proposed that the requirement that an employee must be employed continuously for 26 weeks be removed in the new Regulations, and that employees be able to make flexible working requests irrespective of their length of service. The consultation seeks views on this proposal. 

In addition the consultation seeks any other comments on the draft Regulations that respondents may wish to make.

What happens next

Responses to the consultation will be considered by the Department. A review of the responses will be published by the Department.