I propose to take Questions Nos. 56 and 57 together.
The right to request a remote working arrangement for all employees was commenced through the Work Life Balance and Miscellaneous Provisions Act 2023 on 6 March 2024.
Under the Act, employers are obliged to consider such a request having regard to their needs, the employee’s needs, and the requirements of the Code of Practice. Employees have recourse to the Workplace Relations Commission if the employer fails in this duty. The Code of Practice on the Right to Request Remote Working provides practical guidance to employers and employees throughout the application process. The Code provides templates for remote working applications to assist employees and Work-Life Balance Policy templates for employers.
Under the Act, an employee can apply for a remote working arrangement in writing to their employer. The employer must respond to the application in writing either approving the request and preparing a remote working agreement, or refusing the request and providing reasons for the refusal.
The Act provides a right to request and not a right to remote work. The decision remains with the employer, and it is not for Government to dictate the terms or operation of the employer employee relationship. The obligation on the employer is to comply with the requirements of the Act.
The legislation also makes provision for employers and employees to agree changes to remote working arrangements after it has been agreed between the employer and employee. The arrangement may be postponed, the period of the arrangement may be curtailed, and the form of the arrangement may be varied once both parties agree to the changes in writing.
The Act also provides that the employer may terminate a remote working arrangement in certain circumstances. An employer can terminate an approved remote working arrangement where they are satisfied that it is having or would have a substantial adverse effect on the operation of their business. Employers are required to have regard to the Code of Practice when making a decision to terminate a remote working arrangement.