First published: January 26th, 2022
Last updated: January 27thth, 2022
The Government has revealed details of its plan to introduce a right to request remote working by summer 2022.
Tánaiste Leo Varadkar has stated that it’s not practical to give everyone a legal right to work from home in Ireland. As a result, these proposals will give employees the legal right to request remote work. It will not, however, give employees the right to work remotely.
Details of the incoming right to request remote work
This new law will give anyone who has worked for a business for more than six months the right to request to work remotely. The employer would also have to respond within 12 weeks. Workers whose request is turned down would be able to appeal to the Workplace Relations Commission (WRC).
Under this planned legislation, employers would be able to refuse a request 'after due consideration' on the following grounds:
- The nature of the work not allowing for it to be done remotely.
- Cannot reorganise work among existing staff.
- Potential negative impact on quality.
- Potential negative impact on performance.
- Planned structural changes.
- The burden of additional costs, considering the financial and other costs entailed and the scale and financial resources of the employer’s business.
- Concerns re the protection of business confidentiality or intellectual property.
- Concerns re the suitability of the proposed workspace on health & safety grounds.
- Concerns re the suitability of the proposed workspace on data protection grounds.
- Concerns re the internet connectivity of the proposed remote working location.
- Inordinate distance between the proposed remote location and on-site location.
- If the proposed remote working arrangement conflicts with the provisions of an applicable collective agreement.
- Ongoing or recently concluded formal disciplinary processes.
The Government has indicated that refusals "may include but are not limited to" those reasons, but that any refusal would need to be for “good reasons”.
If refused permission to work from home, the employee would need to wait 12 months before submitting another application. However, if an employee were to move to a different role within the business, they would be able to submit a fresh request without waiting 12 months.
What does this mean for employers?
The long list of conditions under which an employer can refuse an application for remote working will come as good news as it allows them to consider the needs of their business. However, the fact that a refusal for remote work in Ireland can be appealed to the WRC could prove problematic. Employers could find themselves being involved in an increased number of WRC complaints, potentially leading to high costs and reputational damage.
It’s essential that employers begin to prepare for these changes. Employers should review their current policies, procedures, and employment contracts to ensure that they reflect the right to request remote work. By having an effective Remote Work Policy in place, employers will be well prepared for these changes.
Questions about this remote working legislation?
If you have questions about this incoming remote working legislation or what documentation you’ll need to update, we can help.
Speak with one of our HR consultants today on 0818 923 923.
