Working from home: your rights on remote working, flexible working and work-life balance

Do I have a right to remote or flexible working?

No. But since March 2024 all employees have the right to request remote or flexible working under the Work Life Balance and Miscellaneous Provisions Act 2023.

What is the difference between a right and a right to request?

The difference is that an employer is only required to take your request seriously but does not have any obligation to grant it.

What does taking your request seriously mean?

Your employer must look at your stated reasons for seeking remote or flexible working and respond with a decision within four weeks, although this can be extended to eight weeks.

What sort of reasons must employers consider?

There is no prescriptive list, but the examples include:

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Reducing your commute and carbon footprint
Improving the quality of life outside working hours
Personal or domestic circumstances
Special medical needs that prefer a quiet working environment

What factors must they take into account?

Their own needs (the business needs)
Your needs and reasons for the request
The Workplace Relations Commission Code of Practice that gives effect to the Act

What else can they consider?

If the duties can be done remotely
If on-site work is necessary for certain tasks
If technological solutions are available for remote work
Any health and safety concerns

What happens if they say no?

They must give you the reasons for refusing your request in writing.

What sort of reasons can they give?

The legislation makes clear they are under no obligation to agree to your requests. In reality they can refuse a request if they believe it is not in the interest of the business.

Can I appeal?

Sort of. If you feel your request has not been properly considered according to the law and the WRC Code of Practice, you can make a formal complaint directly to the employer or via your trade union.

You can also make a formal complaint to the WRC.

What will the WRC do?

The WRC will determine if the request has been properly considered as set out in the WRC Code of Practice. It will not take a view on the reasons for refusing the request.

If the WRC finds in my favour and says the request has not been properly considered does that mean my employer must agree to my request?

No. The WRC can direct the employer to comply with the legislation, but this only means it must properly consider the decision. It can then still say no. The WRC can also direct your employer to pay you compensation up to a maximum of four weeks' pay.

What happens if my employer says yes?

A written agreement setting out the details, the duration of the agreement and the start date will be added to your contract.

Can I go back to my original arrangement?

Yes, with the agreement of your employer.

Can I change the agreement?

Changes can be agreed in writing, Examples are:

Postponing the arrangement and agreeing on a new start date
Shortening or changing the length of the arrangement
Changing details of the arrangement in a way that you both agree to

Can my employer terminate the agreement?

They can terminate it as long as the reasons are fair, objective and reasonable. They must tell you in writing and give the reasons. You then have seven days to respond, and they must consider, objectively and fairly, any representations you make before making a final decision and then responding in writing.

What does fair, objective and reasonable grounds for terminating the agreement look like?

Broadly speaking they can terminate the agreement if it substantially affects their business.

Examples include:

Seasonal changes in workload
Unavailability of someone to do your job in your employer’s workplace
The nature of your job responsibilities
Any other factors affecting the operation of their business

Can I appeal the termination?

If you feel they have not considered your representations objectively and fairly you can make a complaint to the WRC as above.

If I already have remote or flexible working would that oblige my employer to agree to a formal request?

The WRC Code of Practice is silent on existing agreements. There have only been a small number of rulings under the code of practice to date, and it is not clear what weight if any is given to existing or previous arrangements. The ability of employers to terminate agreements would appear to make existing agreements of little value.

Sources: Citizens Information, Workplace Relations Commission Code of Practice, KPMG law

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