Marianne Norton
Associate | Legal
Ireland
Associate
Ireland
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
Heads of The Right to Request Remote Work Bill 2021 (the “Bill”) were passed by the Irish Cabinet yesterday, 25 January 2022. Up until now, remote working has been implemented by many employers due to public health restrictions, however, as of yesterday, the Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar (the “Tánaiste”) published details of the Bill giving employees the legal right to request remote working, and employers the right to reasonably refuse any such request.
The timing of this Bill is pertinent given that it was announced last Friday that restrictions were being lifted and there could be a gradual move back into the workplace by employees.
Under the Bill, employers must give due consideration to a remote working request, however, there is no obligation on employers to accede to any such request. Employers can refuse a remote working request provided that such refusal is reasonable, having considered its suitability to their organisation.
The Bill provides 13 business grounds which employers can rely on when refusing a remote working request. This includes:
The above is not an exhaustive list and other grounds for refusal may also be accepted as being reasonable.
An employee can bring an appeal either internally, or through the Workplace Relations Commission (the “WRC”) under the Workplace Relations Act, 2015 where the employer has either:
It should be noted however, that under the Bill, an employee cannot action an appeal in the WRC until two weeks after an internal appeals process has been exhausted.
The Bill also requires employers to establish and maintain a “Remote Working Policy” (the “Policy”). The Policy should identify, at the least, the following:
The Bill also creates an offence for employers for failure to have a remote working policy in place. It is imperative that employers not only have a remote working policy in place, but that the Policy is also brought to the attention of its employees.
An employer may rely on the defence that it exercised due diligence and took all reasonable precautions to ensure that its obligations under the Bill were complied with.
A person guilty of an offence under this Bill shall be liable to a class C fine, i.e. not exceeding €2,500, face summary proceedings by the WRC.
Where disputes are referred to the WRC or the Labour Court, an adjudication officer (the “AO”) or the Labour Court may:
An award of compensation shall be of such amount that the AO or Labour Court considers just and equitable, having regard to all the circumstances, but shall not exceed 4 weeks’ remuneration.
It should be noted that issues may arise where disputes are referred to the WRC or Labour Court, given that it can take weeks, if not months, to obtain a hearing date. Questions now arise as to whether or not the employee will be required to attend their workplace in the intervening period until such a hearing date is assigned.
Minimum service to submit a request: employees must have at least 26 weeks continuous service with their employer in order to submit a remote working request.
Limitation on timeframe to submit another request: an employee shall not be entitled to submit another request until after 12 months continuous service following the employer’s final decision to the employee and the date of the final decision in any appeal process.
Protection of employees: Employees should not be penalised for proposing to exercise or having exercised their right to request remote working.
In the event that the penalisation of an employee constitutions dismissal within the meaning if the Unfair Dismissals Acts 1997-2015 (the “UDAs”), employees cannot seek relief under both this act, and the UDAs.
For the purposes of the Bill, penalisation includes, but is not limited to:
Given the benefits identified as a result of remote working since the beginning of the COVID-19 pandemic, employers should prepare for an influx of remote working requests and familiarise themselves with the obligations placed on them under the Bill. Since the Bill is only at an early stage, it is likely that there will be some further changes to the Bill before it is finalised and agreed.
A remote working policy should be put in place as soon as possible, or, reviewed and updated where one already exists. Employers should assess the business needs of their organisation and clearly identify if it has grounds for refusing these types of requests.
If you require advice regarding how this Bill will affect your organisation or assistance in drafting a Remote Working Policy, please contact Marianne Norton by emailing marianne.norton@ogier.com.
Marianne Norton
Associate | Legal
Ireland
Associate
Ireland
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm