Right to Request Remote Work

Republic of Ireland, May 2024

The Foundations

The Workplace Relations Commissions' Code of Practice for the right to request remote working arrangements has been released (March 2024). Employees now have a legal entitlement to request remote working arrangements. This right to request remote working arrangements also forms part of the Work Life Balance and Miscellaneous Provisions Act 2023.

The Code provides practical guidance and guidelines for organisations and their teams when handling a request for remote working arrangements. It is worth noting, that both the 2023 Act and the Code do not guarantee an employees right to work remotely, these provisions guarantee an employees' right to request to work remotely.

The Practicalities

Employers are not obligated to accept/accommodate any requests for remote working arrangements. However, the Company must respond, in writing, within four (4) weeks of receiving the request, regardless of whether the request is accepted or rejected. If the request is being rejected, the employer must be able to show the Objective Grounds for the rejection.

The employee has the right to request remote working from their first day of employment. However, depending on the Company and the contract, it may be a requirement to have six (6) months of continuous service with the organisation before the remote working actually commences.

What you need to know if you Accept the Request

If you choose to accept an employees' request to work remotely, you must ensure you have taken into account;

• The physical and mental safety, health and welfare of the individual employee(s). This includes both on a practical level, but also that you have provided the right information, instruction, training and supervision about safety, health and welfare to the employee(s).

• That you have assessed all reasonable risks and implemented appropriate mitigation, e.g., PPE, monitors, headsets, equipment, systems, etc.

• That you have plans and contacts in place for both workplace and personal emergencies/urgencies.

Be clear from the outset - is this a permanent or temporary working arrangement? Will it be fully remote, or hybrid? What are the expectations around working hours/availability?

Make the rules of engagement clear to your team, and always put them in writing. Your team will feel much more secure with their working arrangements in writing, and you will avoid any misunderstanding down the line.

What you need to know if you Reject the Request

It is important to have an internal appeals procedure in place. If you choose to reject the remote working application, the employee has the right to appeal the decision through your internal appeals procedures, and then the Workplace Relations Commission (WRC) if they are not satisfied with that outcome.

As an employer, there are thirteen (13) Objective Grounds given for a remote working application rejection:

1. The nature/type/practicalities of the work does not allow for it to be done remotely.

2. The work/tasks cannot be reorganised among the existing team.

3. There is a calculable potential negative impact on work quality.

4. There is a calculable potential negative impact on performance.

5. Where there are planned structural changes in motion.

6. There is/would be an undue burden from additional costs.

7. Business confidentiality/intellectual property concerns.

8. Safety, Health and Welfare concerns RE the proposed workspace.

9. Data Protection concerns RE the proposed workspace.

10. Internet connectivity concerns RE the proposed workspace.

11. An inordinate distance between the proposed remote working location and the established on-site location.

12. The proposed remote working arrangement conflicts with the provisions of an applicable collective agreement;

13. There is an ongoing or recently concluded formal disciplinary processes.

It is recommended to put the remote working application structures in place, the consideration structures, and the appeals structures in place, and in writing, as soon as possible.

The employee now has the right to request access to these structures and the decision-making process, and all decisions must be made on fair, impartial and objective grounds.

Disclaimer and Copyright Notice

Please note, this document intended to be an overview process document, for the information and interest of the reader.  This is not intended to be an advisory or an in-depth guide document, and does not contain the individual nuances of and within the overviewed material.  This document does not constitute legal advice, it is intended for informational purposes only.

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