Explanatory note

These Regulations amend the Flexible Working (Eligibility, Complaints and Remedies) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 174) (“the 2003 Regulations”) to widen the scope of the statutory right for employees to request a contract variation, which previously applied to carers of children under 6 or disabled children under 18, to cover employees who care for certain adults.

This right is provided for in the Employment Rights (Northern Ireland) Order 1996 (“the 1996 Order”), as amended by the Work and Families (Northern Ireland) Order 2006 (“the 2006 Order”).

Regulation 3 amends the definitions in regulation 2(1) of the 2003 Regulations. The definition of “disabled” has been removed by the 2006 Order from the relevant Article of the 1996 Order and is now contained in the Regulations but has not been amended. The amendments also define or redefine “partner”, “relative” and “special guardian”.

Regulation 4 makes technical amendments to the 2003 Regulations, and also inserts special guardian into the list of those eligible to make a request to care for a child.

Regulation 5 inserts a new regulation 3A which provides that an employee making an application for a contract variation to care for a child needs to do so before the child is 6 or, where the child is disabled, 18.

Regulation 5 also inserts a new regulation 3B which firstly enables an employee to make an application for a contract variation to care for an adult, and secondly sets out the criteria the employee is required to meet. Those criteria are that the employee must have 26 weeks’ qualifying service, and that the adult is in need of care and is married to, the partner or civil partner or a relative of the employee or is living at the same address as the employee.

An integrated impact assessment was issued as part of the public consultation on the Regulations and its findings were reiterated in a summary set out in the policy response to the consultation. Both the consultation and the policy response are available from Employment Rights Branch, Department for Employment and Learning, Adelaide House, 39 – 49 Adelaide Street, Belfast, BT2 8FD or from the Department’s web-site at www.delni.gov.uk.