Commentary on Sections Miscellaneous Section 47 and Schedule 7: Flexible working
118.Flexible working was the single biggest issue raised by consultees during the consultation for the ‘Work and Parents: Competitiveness and Choice’ Green Paper of December 2000. Responding to this, in June 2001, the Secretary of State for Trade and Industry set up the independent Work and Parents Taskforce to examine how to meet parents’ desire for more flexible work patterns in a way that is compatible with business efficiency. This section therefore gives parents the right to apply for flexible working. It lays out:
	The eligibility criteria which must be met in order for an employee to apply for a flexible working pattern;
	A clearly defined framework for a procedure to be followed by employees and employers when making and considering requests for flexible working;
	The employer’s duties in relation to an application under the new provisions;
	The right for an employee to take their case to an employment tribunal; and
	What happens if a tribunal finds that an application has not been dealt with correctly.
119.The new provisions will be inserted into the Employment Rights Act 1996.