The Government has announced a public consultation on the legislation surrounding the right to request remote working in Ireland. This means that employers, employees, and all other interested parties have the opportunity to voice their opinions on the current system.
What is the current legislation on remote working?
The Workplace Relations Commission’s (WRC) Code of Practice, which was introduced under the Work Life Balance and Miscellaneous Provisions Act 2023, gives employees the right to request remote working arrangements and sets out timeframes in which the employer must respond to that request. It does not, however, grant employees the right to remote working.
As the legislation currently stands, eligible employees can submit a written request to their employer to formally apply for remote working arrangements. Employers are required to consider each request fairly, weighing the employee’s request with the needs of the business, and respond in writing within four weeks.
The employer can choose to either accept or refuse the request, or alternatively they can request an additional four weeks to make their decision.
Why is the legislation under review?
One requirement of the current legislation is that a review must be conducted no earlier than a year and no later than two years following its induction.
The Government has launched this consultation to gather views on the current system and how effectively it is working. So far, over 3,400 responses have been submitted.
What does this mean for employers?
As with all employment legislation, it’s important for employers to stay informed and up to date on any potential changes to the current legislative landscape.
If any changes do arise from this review, it is crucial that business owners are aware of these before they come into effect and that HR policies and documentation are adjusted accordingly.
In the meantime, this is a valuable opportunity for employers to ensure that their current remote-working policies and procedures are fully in line with the WRC’s Code of Practice as it stands. So far, only one remote-working complaint has been upheld by the WRC, but it’s important that businesses continue to respond to these requests in a compliant fashion to avoid facing the legal, financial, and reputational damage of a WRC case.
