Commentary on provisions of the Act Section 1: Amendments to the statutory right to request contract variation
Section 1 amends sections 80F and 80G of the Employment Rights Act 1996.
	Section 80F(2) currently sets out the required content of a statutory request for flexible working. The Act amends subsection (2) to remove the requirement under section 80F(2)(c) to "explain what effect, if any, the employee thinks making the change applied for would have on his employer and how, in his opinion, any such effect might be dealt with".
	Section 80F(4) currently provides that if an employee has made a statutory request for flexible working, they may not make a further request to the same employer before the end of the period of 12 months beginning with the date on which the previous request was made. Section 80F(4) is substituted with a new subsection (4) that allows two requests within any 12-month period. In addition, this new subsection prevents an employee from making concurrent requests. That is, an employee may not make a statutory request to their employer if another such request to the same employer is proceeding. The concepts of "proceeding" and "concluded" requests for the purposes of the provision are defined in new subsections (4A) and (4B) accordingly.
	Section 80G(1) currently sets out an employer’s duties in relation to a request made by an employee under section 80F. Subsection (1) is amended to insert a new requirement that employers "shall not refuse the application unless the employee has been consulted about the application". An employee may make a complaint to an employment tribunal if their employer does not consult with them prior to rejecting their statutory request for flexible working, in line with the existing enforcement process set out in section 80H of the Employment Rights Act 1996.
	Section 80G(1B)(a) currently sets out a decision period applicable to a request made by an employee under section 80F. Subsection (1B)(a) is amended to reduce the maximum response time from three months to two months.