Submissions for the public consultation on the right to request remote working will close on Tuesday 9 December. The consultation is being held by the Department of Enterprise, Tourism and Employment (DETE) ahead of planned changes to the existing framework. This is part of a two-year statutory review included in the original legislation. 

As submissions are open to both workers and employers, Fórsa is encouraging members to take part. 

To support members making submissions, Fórsa held a webinar on Tuesday 2 December. During the session Fórsa’s policy officer Aisling Cusack gave a presentation to explain the current right to request remote working legislation and what exactly is under review. 

Aisling said: “The consultation is looking for very specific things. If we want our submissions to be effective, we need to make sure we’re talking about the legislation, how it’s failing workers, and how it needs to change.” 

“Up to now, the legislation has been unfairly weighted toward the employer. This is an opportunity to rebalance that power and make it a real right to remote working and not just a weak right to request,” she continued. 

For members making a submission to the consultation, the union has provided six key points you can consider including in your responses: 

1. The legislation is unfairly balanced towards the employer because it allows refusals for remote working requests based on vague reasons such as “business needs”. 
    
2. Employers are not required to show that their reason for refusal is evidence-based, reasonable, or related to specific impacts on the operation of the business. 
    
3. Employers should be required to describe specific business needs that are impacted by remote work and provide proof of impact (for refusing or terminating an arrangement). 
    
4. The Workplace Relations Commission (WRC) should have powers to examine whether the request was objectively and fairly considered by the employer and whether the refusal was reasonable and justified. 
    
5. Without expanding the scope of the legislation and the WRC’s decision-making authority to adjudicate on the merits of the refusal, the legislation will remain useless for employees and reinforce the imbalance of power on the employer side. 
    
6. The WRC should be able to evaluate whether the reason(s) for refusal from the employer are justified on objective grounds that relate to the real needs of the business and are proportionate to the business needs and the employee’s circumstances. 

She said, “We’re urging all members to take part in this consultation. You can use the suggested points we’ve provided or use your own experience and perspective. Members have consistently told us that this issue is of huge importance, so let’s make the most of this opportunity to get that message across.” 

“Employers and their representative groups have made their stance clear on remote working, and they will be making submissions. If remote working matters to you make sure your voice is heard. Together our voice is louder than theirs,” she concluded. 

You can take part in the consultation via the Department’s website here. 

Additional reading: for more information you can download the webinar slides and the WRC code of practice on the right to request remote working. 

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