Are agency workers eligible to make a statutory flexible working request?

Section 80F(8) of the Employment Rights Act 1996 provides that agency workers do not qualify for the statutory right to request flexible working. An agency worker is defined as someone who is supplied by an agent to do work for another ("the principal") under a contract or other arrangement made between the agent and the principal.

There is an exception relating to employed agency workers returning from a period of ordinary parental leave, who have the right to request flexible working provided that they have the required service.