Right to Request Flexible Working and Right to Request Remote Working

Purpose

The stated purpose of the Code is to:

• set out the detail of the processes regarding making and managing request for flexible working (“FW”) and remote working (“RW”), including, when changes are sought or made to the agreed arrangement.

• Support employers in objective, fair and reasonable decision making when considering requests for FW or RW.

• Offer practical guidance on best practice to employers, employees and/or their representatives to ensure compliance with the relevant legislation.

• Assist in developing workplace policies and procedures for dealing with flexible working and remote working requests so as to provide clarity, transparency and consistency for both employees and employers.

• Provide guidance for the resolution of disputes in relation to requests for FW or RW insofar as it relates to the processing of requests.

• Provide information to the public in relation to the relevant legislation.

It is not an offence for an employer to fail to follow the Code. However, the Code is admissible in evidence in any proceedings before a Court, the Labour Court or an Adjudication Officer of the WRC.  For this reason, employers should review their remote and flexible working policies against the new Code and update these policies as required.

Click here to access the Code.

For further information on this topic, please contact Cómhnall Tuohy or any member of the Employment Team.

This document has been prepared by Kane Tuohy LLP for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed.