Employment Law Tip of the Week – Remote working requests - The first successful decision under the Work Life Balance and Miscellaneous Provisions Act 2023
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In a recent Workplace Relations Commission (WRC) case (see here), on 10 June 2024, the Complainant submitted a formal request to his employer to work remotely under the Work Life Balance and Miscellaneous Provisions Act 2023.
The Respondent responded to the Complainant’s remote working request on 11 July 2024, two days outside of the four-week period. The substantive decision on the Complainant’s request was issued on 26 July 2024, six weeks and four days after the request was submitted and within the eight-week deadline as allowed for in the Act. As an aside, the Respondent rejected the Complainant's request to work remotely, stating reasons that included the promotion of collaboration, the need for in-person meetings, and alignment with the Respondent’s global hybrid working strategy.
The WRC Adjudicator (AO) held that in the absence of any compelling reasons having been provided by the Respondent for the failure to consider the request within the four-week deadline under the Act, the complaint was well founded. However, as the delay was minor, i.e. the initial response was only delayed by a couple of days, the AO awarded the Complainant only €1,000 in compensation.
Key Takeaways:
- Timely Responses: Employers should ensure they respond to remote (and flexible) work requests within the stipulated four-week deadline. Failure to do so can result in technical breaches of the Act, as seen in the above case. In the recent case above, the AO did not accept "human error" as a compelling reason for such delays.
- Clear Communication: If additional time is needed to consider a request, communicate this promptly (and within the four-week window) and provide a valid reason if possible.
- Consistency: Apply remote (and flexible) working policies consistently across the organisation. Inconsistent application can lead to grievances and legal challenges.
- Documentation: Keep thorough records of all communications and decisions related to remote (and flexible) working requests. This can be crucial in the event of a dispute.
By understanding and implementing these practices, organisations can navigate remote and flexible working requests effectively, ensuring compliance under the Act.
The above is for general guidance only and is not intended as professional advice. Advice should always be taken before acting on any of the issues identified.
Please contact Greta Siskauskaite or Barry Walsh should you require specific legal advice on this area or indeed any employment law issues.