Ireland Introduces New Code Of Practice On Flexible And Remote Working – Employee Benefits & Compensation

Remote Working

Flexible Working

Definition

Remote working is where an employee performs some or all of
their duties from a location different from the employer’s
business premises, without any alteration to their usual working
hours or responsibilities.

Flexible working involves altering an employee’s work
schedule or patterns in many ways such as job sharing, term-time
work or compressed working hours.

Qualifying criteria

All employees who have at least six months’ continuous
service.

An employee with at least six months service who is a parent or
acting in loco parentis who is caring for:

• a child under the age of 12; or




• a child with a disability under the age of 16.

An employee with at least six months service who is or will be
providing personal care or support to their child, spouse, civil
partner, cohabitant, parent or grandparent, sibling, or a person
residing in their household who is in need of significant care or
support for a serious medical reason.

Making a request

Requests must:

1. be in writing (may be online) and signed by the employee;

2. be submitted no later than 8 weeks before the proposed start
date of the remote working arrangement; and

3. confirm:

(a) the days of the week;

(b) the commencement date;

(c) the duration of the requested arrangement;

(d) details of the proposed location and suitability of the
location; and

(e) the reasons for the request.

An employee must provide any information which the employer may
reasonably require in relation to the request.

Requests must:

1. be in writing (may be online) and signed by the employee;

2. be submitted no later than 8 weeks before the proposed start
date of the flexible working arrangement; and

3. confirm:

(a) the commencement date of the arrangement;

(b) the form of the arrangement;

(c) the duration of the arrangement; and

(d) details to support the request (e.g. birth certificate in
respect of a child of the employee)

An employee must provide any information which the employer may
reasonably require in relation to the request.

Responding to a request

An employer has 4 weeks to respond to the remote working
request.

This period can be extended by a further 4 weeks (but not
exceeding 8 weeks total) in the event of the employer experiencing
difficulty in assessing the request.

The response must:

(a) approve the request and include an agreement which must be
signed by both parties setting out the details of the arrangement;
or

(b) refuse the request providing details for the refusal; or

(c) provide notice that an extension is required to consider the
request further.

An employer has 4 weeks to respond to the flexible working
request.

This period can be extended by a further 4 weeks (but not
exceeding 8 weeks total) in the event of the employer experiencing
difficulty in assessing the request.

The response must:

(a) approve the request and include an agreement which must be
signed by both parties setting out the details of the arrangement;
or

(b) refuse the request providing details for the refusal; or

(c) provide notice that an extension is required to consider the
request further.

Changing the arrangements

The arrangement can be altered provided such changes are agreed
in writing.

The arrangement can be altered provided such changes are agreed
in writing.

Termination by the employer of the
arrangement

An employer who proposes to give notice of termination to the
arrangement for remote working must:

(a) notify the employee in writing of the proposal to terminate
the arrangement;

(b) include details of the grounds for terminating the
arrangement;

(c) give the employee 7 days after receipt of the notice to make
representations to the employer in relation to the proposal;
and

(d) consider any representations made by an employee before
deciding whether to give notice of termination of the
arrangement.

If, after having considered the employee’s representations,
the employer proceeds with terminating the arrangement, the
employee must return to their original working arrangement on the
date stated in the notice.

An employer who proposes to give notice of termination to the
arrangement for flexible working must:

(a) notify the employee in writing of the proposal to terminate
the arrangement;

(b) include details of the grounds for terminating the
arrangement;

(c) give the employee 7 days after receipt of the notice to make
representations to the employer in relation to the proposal;
and

(d) consider any representations made by an employee before
deciding whether to give notice of termination of the
arrangement.

If, after having considered the employee’s representations,
the employer proceeds with terminating the arrangement, the
employee must return to their original working arrangement on the
date stated in the notice.

Return to previous working arrangement

An employee can request to return to their original working
arrangements by providing the reasons for the request and the
proposed return date.

The employer must respond within 4 weeks of receiving the
request. If granted, the employee is entitled to return to the
original working arrangement that they held immediately before the
approval of the remote working arrangement.

An employee can request to return to their original working
arrangements by providing the reasons for the request and the
proposed return date.

The employer must respond within 4 weeks of receiving the
request. If granted, the employee is entitled to return to the
original working arrangement that they held immediately before the
approval of the remote working arrangement.