The eagerly anticipated code of practice for the right to request flexible or remote working has been released by the Workplace Relations Commission (WRC). The document functions as a blueprint to assist employers and employees in negotiating requests for greater flexibility or remote working options, helping those with caregiving duties or individuals desiring to work outside the office.
Does this code offer the right to work from other locations other than the regular workplace?
Legal professionals, human resource specialists, business organizations, and trade unions all collectively conclude that it doesn’t. This does not imply that there will be a right to work at home, a hub or elsewhere. Rather, it lays out a testament for such a request and requires the employer to fairly and reasonably consider it.
Who has the right to initiate the request?
Any staff member, provided they’ve been employed for a minimum of half a year, can ask for arrangements under the stipulations of this code. Realistically, the ones with a probability of their request being accepted are typically individuals in clerical roles or professional services- positions that were successfully operated from home during the pandemic but are gradually returning to the office.
[Remuneration for employees for unreasonably denied remote working requests]
How should one proceed to apply?
The code, accessible via this link, details the process including an application template. Essentially, an employee must put forth a written request explaining the reasons – such as less travel time or familial obligations and make sure to adhere to apposite workspace, internet security, and continuous compliance with business policies. The request could range from working remotely one day a week to full time.
What responsibilities lie with the company?
The firm must evaluate the request, while also considering their requirements and those of the employee’s, and usually respond within a month. They’re able to consider factors like whether the role and the employee are suited for remote working, in addition to the necessity for collaboration with colleagues and the potential impact on the delivery of services.
What recourse does the employee have if unsatisfied with the result?
Firstly, they are prompted to seek an internal resolution to the issue. However, if they feel that their request has not been judged justly and adequately, they can take their case to the WRC. This body may instruct reconsideration of the request and ordain compensation of up to 20 weeks’ wages for flexible work requests, and up to four weeks’ wages for remote work requests. But the WRC’s jurisdiction is limited to the process and not the final result.
So, what do the experts think?
The introduction of the code has been received positively by unions. Despite it not being flawless, and not outright granting the right to remote work, they feel it is a significant improvement over the initial drafts which provided reasons for rejection. They anticipate that possible WRC hearings will encourage further employer involvement, as it comes with a risk of bad publicity for companies that mistreat their workers.
Síobhra Rush, a partner in the employment sector of the law firm Lewis Silkin, expects the code to be beneficial for employers, particularly smaller ones who are interested in interacting with their employees but may lack extensive workplace policies. She finds it is a practical solution. She emphasises, however, that it doesn’t provide a guaranteed legal right to remote work. The entitlement is only to make the request. That said, it does have the potential to affect talent acquisition and retention, as employees may exit the company to find remote work options elsewhere.
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