13E.—(1) If, after the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee (whether or not the approved flexible working arrangement to which it relates has commenced), the employer is satisfied that the flexible working arrangement would have, or is having, a substantial adverse effect on the operation of his or her business, profession or occupation, by reason of—

(a) seasonal variations in the volume of the work concerned,

(b) the unavailability of a person to carry out the duties of the employee in the employment,

(c) the nature of the duties of the employee in the employment,

(d) the number of employees in the employment,

(e) the number of employees in the employment whose periods, or parts of whose periods, of an approved flexible working arrangement will fall within the period specified in the employee’s approved flexible working arrangement, or

(f) any other matters relevant to the substantial adverse effect on the operation of his or her business, profession or occupation,

the employer may, having regard to his or her needs, the employee’s needs and the requirements of the code of practice, by notice in writing terminate the arrangement and the notice shall specify the day (being a day not later than the date of the end of the period of the arrangement specified in the agreement referred to in section 13C(1)(b)(i), nor, subject to the foregoing requirement, earlier than 4 weeks after the date of the receipt by the employee concerned of the notice) on which the employee must return to work.

(2) Where an approved flexible working arrangement is terminated under subsection (1), the employee concerned shall return to the employee’s original working arrangement on the day specified in the notice under that subsection.

(3) A notice under subsection (1) shall contain a statement in summary form of the grounds for terminating the flexible working arrangement concerned.

(4) Where an employer proposes to give a notice under subsection (1) to an employee of his or hers, the employer shall, before giving the notice, give notice in writing of the proposal to the employee and the notice shall contain a statement in summary form of the grounds for terminating the flexible working arrangement concerned and a statement that the employee may within 7 days of the receipt of the notice make representation to the employer in relation to the proposal, and any such representations made by an employee to an employer within the period aforesaid shall be considered by the employer before he or she decides whether to give a notice under subsection (1) to the employee.

(5) A person shall retain a notice under this section given to him or her and a copy of a notice under this section given by him or her.

(6) Where a flexible working arrangement is terminated under subsection (1), the agreement referred to in section 13C(1)(b)(i) shall be deemed to be revoked accordingly.]