Employer update: Employee right to request remote work moves a step closer

Earlier this year, the Government announced its intention to introduce a new right for employees to request remote work. The Department of Enterprise, Trade and Employment (DETE) then conducted a public consultation process on this proposed new employee right.

The DETE has now published the details from that consultation process with the Tánaiste Leo Varadkar commenting that “We have a real opportunity now to make remote and blended working a much bigger part of normal working life. Introducing a right to request remote working will set out a clear framework to facilitate remote and blended work options, in so far as possible.”

Below, we look at some key findings of the consultation process. With the introduction of an employee right to request remote work a near certainty, the details from the consultation process will give employers an indication on how the new statutory right might look once introduced.

Key points of report

What timeframe should apply for replying to request to work remotely?

With regard to what timeframe should apply when replying to a request to work remotely, 64% of those who engaged in the consultation process proposed ‘one month’ for employers to respond to an employee request. 18% suggesting ‘two months’ which makes it likely that a timeframe of around one month will be introduced.

What length of service, if any, should an employee have before being entitled to make a request for remote work?

For service length requirement, 31% of respondents proposed a ‘one-year’ minimum. 25% proposed no minimum service requirement, 16% proposed ‘six-months’ service, and 12% proposed ‘after probation’.

Given the varying responses, it’s difficult to predict whether or not there will be a minimum service requirement.

Employer confidence in conducting a risk assessment of an employee’s proposed remote workstation

Remote workers are going to need somewhere to work within their homes. Thus, many will establish some sort of workstation. And, as a remote workstation is still considered part of the ‘workplace’, employers have a responsibility to ensure it’s safe.

To the question of confidence in conducting a risk assessment of an employee’s proposed remote workstation, 44% of employers replied that they were “not confident” in carrying one out. Therefore, an employee right to request remote work will be of significant concern to those employers as a risk assessment would be required.

Must employers have a Remote Work Policy in place?

84% of respondents were in favour of a legislative requirement that employers must have a Remote Work Policy. That means it’s highly likely that employers will be required to have such a policy and should start considering this now.

What are reasonable grounds for refusing a remote work request?

38% of all respondents cited the “physical nature of the job” as at least one ground for refusal. The DETE’s report has stated that the grounds for refusal of a request should be included in a Code of Practice.

Article: “Should I allow staff to work remotely?”

Can an alternative hybrid working pattern be offered instead of remote work?

86% of respondents agreed that a hybrid working pattern, where an employee splits their working time between the workplace and home office, would be acceptable.

Should the employer cover the cost of providing all equipment for remote work?

85% of respondents agreed that employers should be expected to bear the cost of equipment required to work remotely. So, while employers may not have to cover the total costs, it’s likely they will be obliged to bear at least some of the financial burden.

The DETE stated “that any further legislation in this area must not go so far as to require the employer to provide a ‘replica’ or ‘identical’ workstation as would be provided should the employee work at the employer’s actual workplace. The focus should be on providing a ‘safe place of work’, and not on providing an ‘identical’ place of work.”

Should an employer have an entitlement to monitor the activity of the employee?

A somewhat contentious area, 84% of respondents nonetheless agreed that monitoring the activity of remote workers should be allowed.

A key question here is what amounts to “reasonable” monitoring of a remote worker. The DETE stated the following: “Employers have a legitimate interest in monitoring employee activity in general, and it is submitted that this particularly extends to individuals who are working remotely and not under direct supervision. This area is already heavily regulated and litigated, both in respect of the Data Protection Acts but also in respect of case law emanating from bodies like the European Court of Human Rights.”

In conclusion

The introduction of a right for employees to request remote work is inevitable and employers should begin the process of creating a Remote Work Policy as soon as possible.

Employers should also factor in that managers may need upskilling on how to manage a team of individuals where some or all of them are working remotely. Furthermore, employers will need to consider how they’ll comply with the statutory obligation of keeping a record of an employee’s working time when they’re working remotely.

Need our help with your HR issues?

If you have questions about managing remote work requests or creating your Remote Work Policy, speak to a Graphite expert now on 01 886 0350 or request a callback here.

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Book a call with a consultant

Complete the form below and a consultant will call you as soon as possible.

Latest Resources

Employer’s guide to lay-off in Ireland

lay-off in Ireland
It’s common for businesses facing a downturn in trade to let employees go on a temporary basis. As an employer, you may also need to […]

Long-term sickness absence: When to conduct an informal welfare meeting

Everyone gets sick, so short-term sickness absence is something all employers will have to deal with from time to time and tends to cause minimal […]

Notice periods: an employer’s guide

Notice periods: an employer’s guide
Notice Period: Within a business, it’s constantly necessary to re-evaluate and adjust workforce planning. Whether this is due to employees looking for different career paths […]

Olga Shevchenko

Director/Advocate, Immigration Advice Bureau

Olga Shevchenko specialises in immigration advocacy and consultancy, in particular, employment permit, visas, family reunification, citizenship, etc, for those seeking to visit, reside or invest in Ireland.

Olga provides extensive information, knowledge, and support to her clients, enabling access to positive solutions for people struggling to handle the immigration law.

Minister Neale Richmond

Minister of State, Department of Enterprise, Trade and Employment

Neale Richmond TD was appointed as Minister of State at the Department of Enterprise, Trade and Employment with special responsibility for Employment Affairs and Retail Business and the Department of Social Protection in January 2023.

Much of his work at the Department of Enterprise, Trade and Employment is with businesses, workers, their representative bodies and the State Agencies to ensure that the economic recovery and growth extends to all parts of the country. He works closely with the SME sector, including retail, on building resilience and on the transition to the green and digital economies.

Mark Carpenter

Director of Regulatory & Corporate Affairs, Sky

Mark Carpenter is Director of Regulatory & Corporate Affairs at Sky Ireland. In this role he has responsibility for External and Internal Communications, Public Policy and Regulatory Affairs and the company’s ‘Bigger Picture’ (CSR) programme. He also works closely with Sky Group teams on a variety of matters, in particular our partnerships with domestic broadcasters.

Prior to working at Sky, Mark worked as a Policy Officer in Houses of the Oireachtas and as a Management Consultant at Accenture. He has a BA in History from Oxford University and a PhD in Political Science from Trinity College Dublin.

Nora Cashe

Litigation and Compliance Manager, Peninsula

Nóra studied Law in Griffith College Dublin and qualified as a Barrister in 2008, practising in the area of Criminal law. She is also member of the Irish Employment Law Association.

Nora has extensive experience representing clients at Employment Tribunal hearings, Conciliation / Mediation meetings before both the Workplace Relations Commission and the Labour Court. 

Nóra is a member of the Irish Employment Law Association and engages with the WRC Adjudication Service as part of their stakeholder engagement forum.

Deiric McCann

Managing Director, Genos International Europe

Deiric McCann leads Genos International Europe – The EU division of a world-leading provider of emotional intelligence solutions. 

With over two decades experience at the highest levels of management, Deiric supports clients to develop the resilience, emotional intelligence, psychological safety and engagements of their employees.

Rhiannon Coyne

Senior HR Consultant, Graphite HRM

Rhiannon Coyne is a Senior HR Consultant at Graphite HRM and will be providing an overview of best practice on how to deal with complaints of bullying and harassment in the workplace. 

With a number of recent updates to employment laws, Rhiannon will take a closer look at employment equality and how it is interlinked to Health & Safety and what employers can learn from recent case laws.

David Begg

Chairman, Workplace Relations Commission

David Begg was appointed Chairperson of the Workplace Relations Commission (WRC) in January 2021.

David is also a professor at Maynooth University Institute of Social Sciences. Mr Begg’s extensive history in the trade union movement included leading the ESB Officers Association and Irish Congress of Trade Unions, stepping away from the latter in 2001 to chair international aid agency Concern.

David Begg was also previously a director of the Central Bank of Ireland between 1995 and 2010.