RMcH states: The Work-Life Balance (Right to Request Remote Work) Bill, currently in the second stage 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.
Ireland’s remote working rules may be set to tighten, with new legislation currently under consideration
Ireland may be on the verge of new legislation surrounding the right to remote work.
The Work-Life Balance (Right to Request Remote Work) Bill was recently introduced in the Dáil, which would enhance current legislation that gives employees the right to work remotely where possible.
Current legislation
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 against the needs of the business and respond in writing within four weeks.
The employer can either accept or refuse the request, or request an additional four weeks to make their decision.
Changes with the Work-Life Balance (Right to Request Remote Work) Bill
The Work-Life Balance (Right to Request Remote Work) Bill, currently in the second stage 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 employers would be required to follow the correct process for accepting or rejecting a remote-working request, and 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 and 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.
Effect on 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 were signed into law, employers would need to do several things to stay compliant.
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 to properly evaluate 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 and safety
Finally, remote working comes with a unique set of health and safety considerations, such as ensuring a safe, ergonomic home workspace, managing work-related risks and maintaining regular contact. Employers would need to factor these into any decisions made around remote and flexible working arrangements.
Courtesy of Accountancy Ireland