Legislative right to request remote work to be fast-tracked

At a glance

• In a recent announcement, the Minister for Enterprise, Trade and Employment outlined that the right to request remote working legislation is to be fast-tracked by way of integrating it into the Work Life Balance and Miscellaneous Provisions Bill 2022.
• This 'integrated bill' is expected to be enacted by the end of this year.

What will employees be entitled to?

Once enacted, the new Bill will facilitate requests for flexible and remote working under the same piece of legislation. Under the new integrated bill, the right to request remote working will be available to all employees. The right to request other types of flexible working, for example reduced working hours or adjusted working patterns, will remain limited to relevant parents and carers.

In addition, employers will now be required to have regard to a new Code of Practice when considering requests. The Code of Practice will be established on a statutory footing and, it is expected that this Code will include guidance to employers and employees on their obligations regarding compliance. Under the integrated bill a complaint can be taken to the WRC where an employer hasn’t complied with the Code of Practice or the other requirements of the Bill. This represents an enhanced right to complaint, when compared with the original Right to Request Remote Working Bill as published earlier this year.

Refusing a request

The previous draft remote working bill provided for 13 specific grounds upon which an employer could refuse a request for remote work. This afforded huge scope for employers to reject a request and was criticised widely as a fundamental flaw behind the draft legislation. Under the new integrated bill, the enumerated grounds will be replaced by an obligation on the employer to consider both their needs and the needs of employees when considering a request.

Next steps?

The Work Life Balance and Miscellaneous Provisions Bill 2022 is currently working its way through the early stages of the legislative process, and we await publication of the amendments to reflect the recently announced integration of both Bills. It is unclear at this moment, precisely how the legislation will look on completion. Nonetheless, updates are expected imminently.