Remote Working has become a game changer for both employers and employees since it became a necessity for many companies at the beginning of the Covid-19 pandemic in 2020. Initially remote working was somewhat unregulated, but a standard pattern has developed over time to the extent that elements of it have been incorporated into Legislation in Ireland.
There’s no doubt that this work model has brought a myriad of benefits for employers and workers but it’s not all plain sailing. Some managers are unhappy that workers are not present in the office at all and are pushing back against fully remote working. On the other side, employees who have gained many benefits from working at home are reluctant to forfeit these by going back to working in the office. There’s much debate about the pros and cons and how they affect businesses and workers. Some employees believe that if they aren’t present in work, it will negatively affect their prospects for promotion. Others miss the office banter and camaraderie of their colleagues and find working from home lonely and isolating. Employers are afraid that remote workers will fail to develop a range of skills and experience which interacting with their peers in the work environment would give them. So, what to do?
The Work Life Balance and Miscellaneous Provisions Act 2023 has introduced a statutory right for employees to request remote work since March this year. Under this legislation, employees can request remote work after completing six months of continuous employment. Employers are then required to handle these requests in a fair and reasonable manner and provide responses within a four-week timeframe. If a request for remote working is denied, employers are obliged to offer alternative flexible work arrangements where this is feasible.
Another element of this system is the Remote Working Code of Practice which became effective from early 2024. It outlines specific guidelines to assist employers and employees in navigating the complexities of remote work requests. The Code emphasises that employers should consider requests objectively and in accordance with the business’s needs. They are not allowed to penalise employees for submitting a request. The purpose of this legislation is to help in supporting work flexibility but also incorporates broader goals like increasing workforce participation among women, people with disabilities, and older workers.
Another important factor related to remote working is Health & Safety compliance. Employers are obligated to ensure a safe work environment, even for remote employees. These regulations are part of the Safety, Health, and Welfare at Work Act 2005 and failure to comply can result in significant penalties for companies.
These changes highlight Ireland's commitment to fostering a modern, flexible, and equitable working environment. It must be stated that the remote working phenomenon is an evolving trend, and there will be ebbing and flowing within it as economic and social factors change over time. The world is ever changing as the saying goes and the world of work is no exception to this rule!