Ireland may be on the verge of new legislation surrounding the right to remote work. The Labour Party has recently introduced the Work-Life Balance (Right to Request Remote Work) Bill, which would enhance current legislation and give employees the right to work remotely where possible.
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 work.
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.
What changes would the Work-Life Balance (Right to Request Remote Work) Bill bring?
The Work-Life Balance (Right to Request Remote Work) Bill, which is currently being debated in the Dáil, would grant employees the right to request remote working arrangements and require employers to justify their decision if they were to refuse.
This means that employers would be required not only to follow the correct process for accepting or rejecting a remote-working request, but also to consider the request reasonably using objective business criteria.
For example, employers would be required to assess requests on the basis of operational needs, performance requirements, customer needs, and Health & Safety requirements. Having considered all relevant factors and coming to an informed decision, they would then be required to inform the employee of their decision within a specified timeframe, with details of the reasoning behind the decision.
What would this legislation mean for employers?
If passed, this Bill would create a more regulated process for considering remote-working requests and, in some cases, could lead to a significant shift in flexible working patterns.
If the proposed legislation was signed into law, employers would need to:
- Review and update policies: Employers would be required to update remote-working policies and ensure that relevant procedures are clearly documented and in line with legislation.
- Train managers: Managers would require in-depth training to ensure they were prepared for remote-working requests.
- Keep records updated: Employers would need to keep clear records of any requests made, along with the subsequent assessments and final decisions.
- Review operational planning: Business owners would be required to determine how flexible working would affect business operations, such as rostering, performance tracking, data security, and team collaboration.
- Consider Health & Safety: Remote working comes with a unique set of Health & Safety considerations, and employers would need to factor these into any decisions made around remote and flexible working arrangements.