Staff in line for payout if employers unfairly refuse requests to work remotely

Under legislation set to come into force next month, workers will be able to take a case to the Workplace Relations Commission (WRC) against their employer if they feel their request to work from home has not being treated fairly.

It is understood the Government plans to set maximum compensation at four weeks’ pay if a worker successfully appeals their case following a refusal.

Officials are finalising details of draft legislation on requesting remote work after a major overhaul of the proposals.

A significant change in the length of service required in order for workers to be covered by the new law is also expected.

Employees who had worked for an employer for at least six months were covered in the original plan. Under the amended bill, it is expected that the service requirement will be cut to 12 weeks.

Sources said the legislation will come into force by the middle of next month.

It is being fast-tracked by Tánaiste Leo Varadkar and Minister for Children and Equality Roderic O’Gorman, following a decision to scrap the original right to request remote working bill.

All employees will instead get the right to request remote working under an amendment to the Work Life Balance Bill, which is making its way through the Oireachtas.

The original bill did not provide for an appeal to the WRC due to an employer’s refusal.

Under the amended bill, sources said this will be possible, where they believe an employer has not complied with a requirement to consider their needs or a new statutory code of practice.

This code of practice, to be drawn up by the WRC, will give employers and employees guidance on their obligations.

The source said a proposal in the original bill to allow maximum monetary compensation of four weeks’ pay will be retained.

This had been tabled when appeals were only to be permitted on the basis that an employer did not follow procedures, such as giving a late decision.

Employment law solicitor Barry Crushell said the right to request remote work is “only going to be feasible” for a certain cohort of workers, who are typically the “professional classes”. He said it will provide a useful framework for employees who are pushing for remote work to air their concerns and grievances.

Mr Crushell noted that Twitter recently indicated that all employees should return to the office.

“So this idea that every employer will accede to every request for remote work is a fallacy,” he said. “A lot of employers still do not see the benefit of remote working, and want to monitor and track their employees. They feel they can only do that when they are physically present.”

He said in his experience it is very rare for employees to bring complaints to the WRC while still employed.

“They may feel this is going to really fracture the working relationship,” he said. “It usually happens if they have either resigned or intend to resign.”

The Irish Congress of Trade Unions (Ictu) is likely to seek an improvement on the maximum compensation that can be paid. It previously described the initial proposal of a compensation limit of four weeks’ pay for an appeal on technical grounds as “wholly inadequate”.

Laura Bambrick, Ictu social policy officer, said proposed changes, including reference to the needs of the employee when an employer considers requests, are a “huge improvement”.

She said a clause that means the government will look at giving all workers the right to request flexible work after two years is another “big win”, particularly as many are in jobs that do not allow for remote working.