{
  "url": "https://openlegislation.uk/flexible-working-regulations-2014/note",
  "json_url": "https://openlegislation.uk/flexible-working-regulations-2014/note.json",
  "legislation": "uksi/2014/1398",
  "legislation_title": "The Flexible Working Regulations 2014",
  "legislation_url": "https://openlegislation.uk/flexible-working-regulations-2014",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make provision for—\nthe condition as to the duration of employment which an employee must satisfy in order to make a flexible working application under section 80F of the Employment Rights Act 1996 (c.18) (“1996 Act”);\nthe form of any such application and when it is taken to be made; and\nthe maximum compensation that an employment tribunal can award in relation to a complaint that an employer has failed to deal correctly with such an application.\nRegulation 2 provides that these Regulations apply to any flexible working application made on or after 30th June 2014. The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (S.I. 2002/3236) are revoked but continue to apply to any such application made before 30th June 2014.\nRegulation 3 requires an employee to have 26 weeks of continuous employment in order to make a flexible working application. The provisions of Chapter 1 of Part 14 of the 1996 Act determine the computation of continuous employment.\nRegulation 4 provides that the application must be in writing, must be dated and must state if any previous flexible working applications have been made and, if so, when.\nRegulation 5 provides that a flexible working application is made on the day it is received. The regulation sets out how the day of receipt is determined.\nRegulation 6 provides that 8 weeks’ pay of the employee is the maximum compensation that an employment tribunal can award if it finds a complaint made by the employee under section 80H of the 1996 Act is well-founded. A week’s pay is calculated in accordance with Chapter 2 of Part 14 of the 1996 Act. A week’s pay is subject to a maximum limit as set out in section 227 of that Act.\nAn impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: government response on flexible parental leave impact assessment which was published in November 2012. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/1398/note",
    "retrieved_at": "2026-10-29T00:14:41.949967+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}