HABA explains the changes to requesting flexibility and grounds for refusing flexible work arrangements.
Refusing flexible work arrangements
Flexible working arrangements outline a right to request, however do not guarantee flexible working arrangements. It is important employers understand that flexible working arrangements may only be refused due to ‘Reasonable Business Grounds’.
In order to consider if the grounds are reasonable, you will need to consider how the change will affect the workplace’s finance, efficiency, productivity, customer service; how easy it would be for current staff to cover work, how easy it would be to find someone else to do the work and all other arrangements which might be required to be accommodated if the change takes place.
Reasonable business grounds includes (but are not limited to):
- If the change will be too expensive for the employer to implement
- The change will result in a significant loss in efficiency or productivity
- The change would likely have a significantly negative impact on customer service
- The salon does not have the capacity to change the working arrangements for other employees affected
- The change is impracticable as it would be impractical to change the working arrangements of other employees or recruit new employees
All requests for flexibility need to be made in writing by the employee. Once a request has been made, employers are required to respond to this request in writing within 21 days of receiving the request. Should the request be refused, employers must provide the reasons for the refusal. It is always good practice for the employer and the employee to negotiate flexible working arrangements, if possible, to cater for both the needs of the business and the needs of the employee.
Requesting flexibility
More employees will now have the right to request flexible working arrangements. These employees include;
- Employees with caring responsibilities
- Parents or guardians of school-aged children or younger
- Employees with disability
- Employees who are 55 years or older
- Employees who are experiencing family violence or who are caring/supporting a family or household member who is experiencing family violence
For more information visit www.hairandbeautyaustralia.com.au