Commentary on Sections Part 9 – Right to Request Flexible Working Section 131: Removal of the requirement to be a carer
693.This section removes the requirement that an employee must have parental or caring responsibility in order to make a request to their employer to change their terms and conditions with respect to hours and location of work.
694.Subsection (1) repeals section 80F(1)(b) of the ERA which requires an employee to be responsible for the care of a child or in certain cases a person over the age of 18 in order to make a request for flexible working. This means that all employees who have the necessary period of service with their employer (currently 26 weeks) will have a right to request flexible working.
695.Subsection (2) also repeals other provisions which are no longer necessary following the removal of the requirement to be the carer of a child or adult.