In February 2020, COVID-19 arrived in Ireland, quickly leading to the COVID-19 pandemic, which caused one of the longest lockdowns experienced in Europe. The lockdown led to most of Ireland’s workforce not being able to work in their buildings or offices, causing a majority of them to work from home. Before 2020, remote work was once seen as a luxury or a niche option but is now the norm, and the demand for remote work has been increasing since then, with most businesses now offering remote work as a way to cut down on extra costs. Remote work saw a large impact on the legal sector, with most firms still recovering to pre-pandemic operations. In response to remote work becoming more popular within Ireland, the Irish government aimed to establish a legal framework to govern remote work practices.
As of March 7th, 2024, all employees within Ireland have the legal right to request remote work under Section 20 of the Work Life Balance and Miscellaneous Provisions Act 2023. And at the time of this being introduced, the Minister of Enterprise directed the Workplace Relations Commission (WRC) to introduce a code of practice to be used by employers and employees to see their rights and obligations to remote work. But with the act now in place, it raises important questions about the balance between employee flexibility and employer obligations.
At its core, the right to remote work gives employees the statutory right to request remote working arrangements. However, it is crucial to note that this is a right to request remote work, not a right to work remotely. Employers still retain the discretion to refuse remote work based on reasonable grounds such as the employee’s productivity, the business’s needs, and data protection.
This distinction between the right torequest remote work and the right to work remotely has already sparked debates on whether the Act properly protects employees or if it leans too heavily in favour of the employer. This has led to a challenge for some employees, as they now need to justify their reasons for remote work, whereas employers must balance this with the operational needs of their businesses. A key focus of the right to remote work is to create a structured process for these requests. This encourages transparency and fairness.
In the code of practice issued by the WRC, it allows the employer to consider denying the request for remote work for many reasons, such as the nature of the role, if the employee has the necessary IT skills to handle remote work, if the employee has been late for work in the past or late for deadlines, and many more reasons all outlined in the code of practice. Companies that require physical presence, such as those in customer-facing roles or those with sensitive data, can request remote work requests without fear of not adhering to the law. This gives employers room for discretion, which could potentially leave employees in a vulnerable position if their request is denied.
However, if a request for remote work is denied, an employer must provide written reasons for the refusal; this creates a form of accountability. It also can give more comfort to the employee, as they can see their request was carefully considered but was denied for certain reasons. The reasons for the denial must be presented to the employee within 4 weeks from the date of the request but can be extended to a total of 8 weeks and no further. The written reasons for denial of remote work allow businesses to maintain open communication with their employees, outlining the potential for negotiation or alternative solutions, such as hybrid working.
The right to request remote work also introduces a compliance framework that allows employees to seek help through the WRC if they believe their request was unreasonably denied or mishandled. Employers, on the other hand, must ensure they follow fair procedures. This may involve updating workplace policies, adjusting their management styles, and investing in the necessary to properly facilitate remote work.
One of the main challenges surrounding remote work for businesses, especially smaller enterprises, is the administrative burden and the costs of compliance. Employers are required to review and assess each request for remote work. And any repeated or complex requests could strain their resources. For large businesses, the concerns are more focused on maintaining workplace culture and ensuring productivity in a dispersed work environment.
Another concern many businesses have with remote work is the potential risk to data protection and cybersecurity. Ireland is a major tech hub for multinational corporations, with many of them having their European headquarters based here. Due to this, the need to protect sensitive information is quite important. This raises concern for employers as to how they will secure data while employees are working from home. With this, employers may need to update their policies to account for this to ensure remote work does not increase the possibility of cyber threats.
As the act continues to grow, it is clear that remote work is here to stay. The government’s approach to this legislation shows signs of a broader trend towards flexible working. arrangements. For employees, the ability to work from home may allow for significant benefits such as better work-life balance to reduced commuting time. For businesses, however, the act introduces new challenges, both operational and legal.
For now and in the coming year, we may see further amendments as Ireland adapts to the demands of a hybrid workforce. One key question is whether future legislation will strengthen the rights of employees or place more safeguards for employers. Either way, the right to request remote work marks a significant step in Ireland’s journey toward modernising its laws for a post-pandemic world.
The above is intended for information purposes only. It is not legal advice. If you would like to discuss developing a remote working policy for your business or any aspect of employment law, please contact Fitzsimons Redmond LLP on 01-6763257 or by email at law@fitzsimonsredmond.ie.
By Liam Collins
Legal Secretary at Fitzsimons Redmond LLP
