Public consultation opened on right to request remote working

Government seeks views on whether legislation that came into effect last year is ‘effective and responsive’

The right to request to work from home came into effect in March 2024. Photograph: iStock
The right to request to work from home came into effect in March 2024. Photograph: iStock

A public consultation has been established by the Government on the right to request remote working.

The right came into effect in March 2024 following the publication of a code of practice on the issue, to which both employers’ representatives and trade unions contributed.

It set out a procedure for employees to request their employers’ permission to work remotely and a framework for the employers’ to consider such requests.

It did not grant the right to work remotely, with employers retaining the authority to decline such requests based on a range of criteria including their business needs.

Announcing the review, which was provided for in the Work Life Balance and Miscellaneous Provisions Act 2023, Minister of State for Employment Alan Dillon, described it as “an important opportunity to hear directly from members of the public, employers and other stakeholders about how the legislation is operating in practice, whether it is clear and accessible, and whether it has presented any challenges or unintended consequences”.

Mr Dillon said remote work “plays a vital role in broadening access to the labour market, reducing commuting times and allowing people to spend more time with their families.

“Ensuring that the legislation underpinning the right to request remote work is effective and responsive is key to supporting these benefits.”

The code has come in for criticism from workers who had requests to work remotely declined, but of the more than 50 cases taken by employees, only about a dozen have come before the Workplace Relations Commission.

The commission does not have the authority to overturn the decisions made, only to ensure the procedures were correctly observed and it has made one award of compensation for breaches by the employer.

A number of high-profile employers, including AIB and Bank of Ireland, the country’s two largest banks, have recently said they will amend their hybrid work policies to require staff to attend the workplace more often.

Despite slight decreases in the most recent figures, CSO statistics still suggest the proportion of the workforce at home most of the time has more than doubled in the past five years.

The consultation, which runs until December 9th, can be accessed at the Department of Enterprise, Tourism and Employment website.

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Emmet Malone

Emmet Malone

Emmet Malone is Work Correspondent at The Irish Times