Remote working is an arrangement whereby some or all the of the work ordinarily carried out by an employee is done remotely. This could be, for example, at the employee’s home or another location that is not the employer’s office.
Remote work can increase job satisfaction for an employee. It can also improve their overall quality of life. This is especially true as remote working can often reduce or eliminate long commute times.
Who is entitled to request remote working?
All employees have a right to request remote working. This right was introduced by the Work Life Balance and Miscellaneous Provisions Act 2023 (the 2023 Act).
Under the 2023 Act, an employee can make a request for remote working from their first day at a new job, but they must be in continuous employment with the same employer for at least six months before an approved arrangement can start. The employer may waive this requirement if it so wishes.
Employees must submit their request in writing as soon as practicably possible and at least eight weeks in advance of the proposed start date.
What does this mean for employers?
An employer must respond to a request for remote working as soon as practicably possible, but not later than four weeks after receipt of the request.
According to the Workplace Relations Commission’s Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working (the Code of Practice), an employer must consider requests in an objective, fair and reasonable manner.
When considering a request, the employer should consider the needs of the business, the needs of the employee, the suitability of the role for remote work and various other considerations provided for in the Code of Practice.
Remote working arrangements must be documented by a signed agreement.
An employer may terminate a remote working arrangement in certain circumstances, including where the arrangement is having an adverse effect on the business.
In a remote working arrangement, employers are still bound by their conventional obligations towards employees. For example, employers must record employees’ hours worked, ensure the remote working location meets the appropriate health and safety requirements, and ensure employees’ avail of their statutory entitlement to proper breaks during the day, regardless of where they are working from.
It is important for employers to note that employees do not have an automatic right to work remotely, but that employers are required to consider and respond to requests by employees for such arrangements in line with the Code of Practice.
Where an employer fails to properly consider a request for remote working, employees may be awarded compensation of up to four weeks’ remuneration by the Workplace Relations Commission.
The content of this article is provided for information purposes only and does not constitute legal or other advice.