A balanced approach

Flexible working can be a great way to achieve a better work/life balance – but what does it actually mean and who can ask for it? NHF/NBF Chief Executive Hilary Hall explains what’s involved.

Flexible working can mean a number of things; job-sharing, part-time working and working from home are just a few examples.

Who can ask for it?

The law says that all employees have the right to ask for flexible working as long as they have worked for the same employer for at least 26 weeks.

To apply for flexible working, the employee will usually fill out a form explaining the type of flexible working they would like to do, how this might affect their work and colleagues, and what steps can be taken to deal with the changes.

You will have up to three months to deal with a request for flexible working (including any appeal stage), or longer if you both agree.

Requests must be dealt with in a ‘reasonable manner.’ If you don’t, you may be taken to an employment tribunal.

But what is a ‘reasonable manner’?

You can show you are dealing with the request in a reasonable manner by, for example, fairly assessing the advantages and disadvantages and arranging a meeting with your employee to discuss their request as soon as possible.

If you agree to the request, confirm your agreement in writing and include full details of the new arrangements. Make sure you amend their contract within 28 days if they will be working fewer hours or other terms and conditions are changed.

What if you need to refuse a request?

You can refuse a request for flexible working, but you must have a ‘good business reason’ to do so. There are a number of ‘good business reasons’ and may include, for example, if the arrangements would be too much of a financial burden or if you were unable to reorganise work among existing staff. A specific list is set out in the legislation.

Is there a right of appeal?

Your employee has no legal right to appeal against a refusal, but if you offer an appeals process this will help to show you are acting in a ‘reasonable manner’ and is recommended.

NHF/NBF Members can download a detailed fact sheet about flexible working at nhf.info/flexible-working/

The NHF (National Hairdressers’ Federation) and NBF (National Beauty Federation) offer a range of business support services for hair and beauty salons, from legal, employment, and financial guidance to expert advice for managing people and boosting your business. Find out more about both at nhf.info