Ireland introduces new code of practice on flexible and remote working

Remote Working

Flexible Working

Definition

Remote working is where an employee performs some or all of their duties from a location different from the employer's business premises, without any alteration to their usual working hours or responsibilities.

Flexible working involves altering an employee's work schedule or patterns in many ways such as job sharing, term-time work or compressed working hours.

Qualifying criteria

All employees who have at least six months' continuous service.

An employee with at least six months service who is a parent or acting in loco parentis who is caring for:

·         a child under the age of 12; or

·         a child with a disability under the age of 16.

An employee with at least six months service who is or will be providing personal care or support to their child, spouse, civil partner, cohabitant, parent or grandparent, sibling, or a person residing in their household who is in need of significant care or support for a serious medical reason.

Making a request

Requests must:

1.    be in writing (may be online) and signed by the employee;

2.    be submitted no later than 8 weeks before the proposed start date of the remote working arrangement; and

3.    confirm:

(a)   the days of the week;

(b)   the commencement date;

(c)   the duration of the requested arrangement;

(d)   details of the proposed location and suitability of the location; and

(e)   the reasons for the request.

An employee must provide any information which the employer may reasonably require in relation to the request.

Requests must:

1.    be in writing (may be online) and signed by the employee;

2.    be submitted no later than 8 weeks before the proposed start date of the flexible working arrangement; and

3.    confirm:

(a)   the commencement date of the arrangement;

(b)   the form of the arrangement;

(c)   the duration of the arrangement; and

(d)   details to support the request (e.g. birth certificate in respect of a child of the employee)

An employee must provide any information which the employer may reasonably require in relation to the request.

Responding to a request

An employer has 4 weeks to respond to the remote working request.

This period can be extended by a further 4 weeks (but not exceeding 8 weeks total) in the event of the employer experiencing difficulty in assessing the request.

The response must:

(a)   approve the request and include an agreement which must be signed by both parties setting out the details of the arrangement; or

(b)   refuse the request providing details for the refusal; or

(c)   provide notice that an extension is required to consider the request further.

An employer has 4 weeks to respond to the flexible working request.

This period can be extended by a further 4 weeks (but not exceeding 8 weeks total) in the event of the employer experiencing difficulty in assessing the request.

The response must:

(a)   approve the request and include an agreement which must be signed by both parties setting out the details of the arrangement; or

(b)   refuse the request providing details for the refusal; or

(c)   provide notice that an extension is required to consider the request further.

Changing the arrangements

The arrangement can be altered provided such changes are agreed in writing.

The arrangement can be altered provided such changes are agreed in writing.

Termination by the employer of the arrangement

An employer who proposes to give notice of termination to the arrangement for remote working must:

(a)   notify the employee in writing of the proposal to terminate the arrangement;

(b)   include details of the grounds for terminating the arrangement;

(c)   give the employee 7 days after receipt of the notice to make representations to the employer in relation to the proposal; and

(d)   consider any representations made by an employee before deciding whether to give notice of termination of the arrangement.

If, after having considered the employee's representations, the employer proceeds with terminating the arrangement, the employee must return to their original working arrangement on the date stated in the notice. 

An employer who proposes to give notice of termination to the arrangement for flexible working must:

(a)   notify the employee in writing of the proposal to terminate the arrangement;

(b)   include details of the grounds for terminating the arrangement;

(c)   give the employee 7 days after receipt of the notice to make representations to the employer in relation to the proposal; and

(d)   consider any representations made by an employee before deciding whether to give notice of termination of the arrangement.

If, after having considered the employee's representations, the employer proceeds with terminating the arrangement, the employee must return to their original working arrangement on the date stated in the notice. 

Return to previous working arrangement

An employee can request to return to their original working arrangements by providing the reasons for the request and the proposed return date.

The employer must respond within 4 weeks of receiving the request. If granted, the employee is entitled to return to the original working arrangement that they held immediately before the approval of the remote working arrangement.

An employee can request to return to their original working arrangements by providing the reasons for the request and the proposed return date.

The employer must respond within 4 weeks of receiving the request. If granted, the employee is entitled to return to the original working arrangement that they held immediately before the approval of the remote working arrangement.