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Employment rights also include the right to make a complaint to an employer via the company grievance procedure (you should seek union advice before doing this) and, in certain circumstances, to the relevant authorities such as the Workplace Relations Commission and the Labour Court.
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Remote Work FAQ
What is Remote Working?
Remote Working (RW) is an arrangement whereby some or all the work carried out by an employee at an employer’s place of business is performed at a different location. This is without any change to the employee’s ordinary working hours or duties.
What rights do I have regarding remote work?
Under the Work Life Balance and Miscellaneous Provisions Act 2023, all employees have the right to request a remote working arrangement. There is also the Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working by the Workplace Relations Commission, which provides practical guidance to employers and employees as to the steps that may be taken for complying with the Act.
How do I apply for remote work?
Your request must be signed and dated by you with the specific details of the arrangement, which would include the duration of the arrangement and the location. You must also submit your reasons for the request to the employer at least 8 weeks before the proposed start date.
How much service must I have before I can apply?
You must have at least six months’ service before remote work can begin, however you can submit a request on the first day of your employment if you choose.
What should I include in my application?
You should review your employer policy on remote work as they may have an online application that you fill out. Apart from the location and the dates etc, according to the code of practice the application should also include the following:
- information on the suitability of the proposed location
- the workstation is suitably equipped and configured to enable you to perform your role and duties effectively to the required standard
- the distance of the proposed remote workplace to the employer’s on-site place of work is agreeable to the employer
- a suitable workstation that provides adequate privacy
- a commitment to ensuring that company data and intellectual property is secure and protected in accordance with employer policies
- an agreement to complying with your work obligations
- cooperating with employer obligations in ensuring compliance with the Safety, Health and Welfare at Work Act 2005
- an agreement to demonstrate compliance with, but not limited to, data protection, data security, confidentiality, IT, social media, email, protection of intellectual property company policies and measures
- the availability of relevant equipment and technology at the proposed location and agreement to ensuring that equipment is used appropriately
- confirmation of adequate and secure internet connection to perform the role which may need to be assessed by the company’s IT department
Do I have to agree to a risk assessment by the employer?
Yes, and you should state in your application that you agree to a risk assessment. Furthermore, if your request is approved, it is expected that you will not make any significant changes to the workstation without authorisation.
What are the main reasons to apply for remote work?
It is important in your application that you clearly lay out your reasons for applying. Examples of reasons for requesting RW could include, but are not limited to:
- reducing the daily commute and carbon footprint (Not least the cost of the commute)
- having a good work life balance outside normal working hours
- any personal or domestic circumstances you may have
- a medical condition that would be supported by remote work. This may include neurodiversity or other special medical needs which could favour a quiet working environment or facilities that are not available in your place of work
What difference does the legislation make?
Realistically anybody can apply for remote work, however the legislation does place a specific responsibility on the employer to adequately deal with all requests for remote work and to do so within an agreed time frame.
That said if the matter is referred to the Workplace Relations Commission (WRC), neither the WRC nor the Labour Court on appeal can assess the merits of an employer’s decision following consideration of an employee’s remote working request.
Several cases including the first one Karabko v TikTok, have been taken but have not been upheld as long as the employee’s request was treated seriously and the employer took all relevant factors into account.
Where an employer fails to provide objective consideration, the WRC (or the Labour Court on appeal) can direct the employer to comply and/or order the employer to pay compensation not exceeding four weeks’ remuneration to the employee.
The case of Thomas Farrell v Salesforce shows that the WRC may order an employer to compensate an employee where the employer has not adhered to the procedural obligations. In this case the employer did not respond to the employee request for RW within the time frame as set in Act and the claimant received €1,000 in compensation.
What does the employer have to do?
There are three obligations on the employer insofar as the employer must consider remote working requests based on the employee needs, the employers needs and the requirements set out in the WRC Code of Practice on requesting remote work. This is important as the code of practice states that employers should consider remote working requests in an objective fair and reasonable manner.
To meet their statutory obligations, employers should give proper consideration to remote working requests and ensure that they respond to employees in a timely manner and in accordance with the deadlines set out in the Act.
This includes the employer assessing the suitability of the role for RW as well as the employee’s suitability to work remotely.
How does the employer determine if the role is suitable remote work?
This must be done objectively, and the employer should consider the following which is not an exhaustive list:
- The type of work the role entails.
- Your duties as an employee and what duties can be done remotely.
- Duties that must be performed on site and any manual tasks.
- Access to special equipment or technology that is only available onsite
- Face-to-face interaction with clients or customers
- Interaction with other employees on-site or at other locations
- Effect on quality of service or operational requirements considering other employees currently on approved leave and/or on approved remote working or flexible working arrangements.
- Health and safety issues arise if working remotely
How does the employer determine if I’m suitable for remote work?
Again, it must be an objective assessment, and the employer should determine your suitability based on the following:
- Your IT skills to complete your role outside of the office
- Your understanding of your duties
- Requirement of minimal supervision to complete your duties.
- Your performance to meet your role requirements including deadlines and business requirements as well as your attendance in line with company policy.
- If you are on an extended probation or if you are on a performance improvement plan
- If you are involved in active disciplinary process or is there a live record of disciplinary action.
- If you are on a training programme or apprenticeship which requires supervision
- That you can be flexible to attend work on-site outside of the agreed arrangement to meet business needs including team meetings, collaboration with colleagues or training or other face-to-face requirements.
How soon should the employer respond to my request?
The employer must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request.
This however may be extended to 8 weeks at a maximum if an employer experiences difficulty assessing the viability of the request.
How does the employer handle requests?
Keeping in mind the 4 weeks’ notice period, if the employer is approving the request the approval must include an agreement prepared and signed by the employer and by you setting out the details of the agreed arrangement and the relevant start and/or end date of the arrangement.
If the employer refuses the request, then this must also be in writing within the 4-week time frame laying out the reasons for the refusal. If the employer needs more time to consider the request, then they must provide notice in writing informing the employee of this setting out the length of the extension, which cannot be more than 8 weeks.
Once the agreement is signed by both parties, the employer must retain the agreement and provide a copy of the agreement to you.
What do I do if my request for remote work is refused?
First get the assistance of your union representative. Ideally the employer should consider an alternative arrangement, where this is feasible taking into account the specific circumstances of each individual case.
What if I am remote working and the employer terminates my agreement?
An employer can terminate an approved RW arrangement but only in certain circumstances, either before or after it has started if the employer is satisfied that the RW would have, or is having, a substantial adverse effect on the operation of their business.
The employer must give you written notice of termination of an arrangement but only after considering the business needs, your needs as the employee keeping in mind because you applied in the first place and the requirements of the Code of Practice.
The grounds for the decision should be set out clearly and that the decision has been given consideration. The employer should also consider any representations made by you or by the union on your behalf whereby again alternative arrangements should be considered including your own personal circumstances.
The employer must give you 7 days after receipt of the notice to terminate to make representations to in relation to the proposed termination.
How much notice do they have to give of my return to work?
At least 4 weeks unless there was a specified end date originally agreed which is less than four weeks from the date of receipt of the notice.
I’ve seen a lot of employers claw back on remote work, what are the main reasons?
- Seasonal variations in the volume of the work concerned
- The employer can show a substantial adverse effect on the operation of their business.
- If you are unavailable to carry out your duties in the employer’s place of business,
- There is a change to the nature of the duties of the employee
What if I don’t want to remote work anymore?
You can submit a written request to return to work, provide your reasons and a proposed date of return.
The employer should consider your request and respond within 4 weeks as to whether the request to return has been approved or refused and the reasons for any refusal.
The employer should consider any applicable legal or contractual obligations owed by either party before approving or refusing the request.
If the employer agrees to the early return, they can propose an alternative date for the employee to return to their original working arrangement.
How should I address my concerns around remote work?
Again, raise them with the union and issues should be addressed at local level initially. If there is a collective agreement between the union and the employer, then all parties should refer to the terms of the agreement for raising grievances.
If the matter is addressed through the company grievance procedure and remains unresolved you may refer it to the WRC citing the Code of Practice. Again, we recommend you discuss any referral with the union so we can provide assistance.
A specific breach of the Act may be referred to the WRC, within 6 months of the date of the breach.
Again, keep in mind that under the Act, neither an Adjudication officer of the WRC nor the Labour Court have the legal power to assess the merits of any decision made by an employer in relation to RW, they can only look at the process which led to the employer’s decision.
The WRC of Labour Court on appeal may direct the employer to comply with specific sections of the Act and/or award compensation to the employee, not exceeding 4 weeks’ remuneration to be paid by the employer.
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