News | Flexible working - an update | Jan 2020

The 2014 consultation document on the Equality Bill contained a number of suggested employment law reforms...

Date: Tuesday 28 January 2020

The 2014 consultation document on the Equality Bill contained a number of suggested employment law reforms which were unrelated to the Bill’s main proposals and which subsequently formed Schedule 22 (employment legislation – miscellaneous amendments) of the Bill. One of the proposed reforms was to widen the right to request flexible working, to be accomplished by amending the relevant provisions in the Employment Act 2006 and then making new regulations.

As of 1st January 2020 section 99(1)(b) of the Employment Act 2006 (which required that an employee who made a flexible working request must be making such a  request for the purpose of care for a dependant) was repealed.

The amendments to the flexible working provisions in that Act were brought into operation on 1st January 2020 by the Equality Act 2017 (Appointed Day) (No. 5) Order 2018:

http://www.tynwald.org.im/links/tls/SD/2018/2018-SD-0329.pdf

You can see the amendments in the latest version of the Employment Act 2006, v14, available here:

https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2006/2006-0021/EmploymentAct2006_14.pdf

The other sections connected to the requirement that someone making a flexible working request has a dependant have also been repealed, e.g. section 99(2)(d), which required that an employee set out details of their relationship with their dependant in an application for flexible working has also been repealed, as has section 99(6), which defined “dependant”.

In addition you’ll see the amendments made to section 100, including the employer’s duty to deal with the application in “a reasonable manner”.