Between some high-profile cases in the media and a recent review of remote-working legislation, working from home is a hot topic right now.
The Government recently conducted a review of the legislation surrounding the right to request remote working in Ireland, including a public consultation in which both employees and employers could 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 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.
Why was the legislation put under review?
A requirement of the current legislation on the right to request remote working is that a review must be conducted no earlier than a year and no later than two years following its induction.
The Government launched this consultation to gather views on how effectively the legislation has been working. In total, over 8,000 responses have been submitted.
What are the findings of the review?
The review found that:
- Of all remote-working requests submitted, 94% were approved
- Employers across all sectors reported low administrative burden associated with the legislation
- Awareness and uptake of the legislation is low, particularly in rural communities
- The legislation is working as intended, and the Government has confirmed that no amendments are being made at this time
Overall, the Government concluded that while the legislation is functioning as intended, there is work to be done to raise awareness around both the legislation and the corresponding WRC Code of Practice.
What happens next?
Following the review, the Government has announced that they will launch a targeted National Information Campaign to ensure that both employers and employees understand the legislation and how it may impact them.
Additionally, the Minister for Small Business, Retail and Employment, Alan Dillon, has requested that the WRC revise the current Code of Practice and make certain amendments, including:
- Templates and guidance for employees
- Support for employers in providing reasoning for their decisions
- Clear timelines
- Support for structured consultation between employers and employees, including promotion of the WRC’s mediation services
Lastly, the Government has said that they will continue to support remote work through additional means, such as high-speed broadband rollout and tax reliefs for working from home.