In November of last year a public consultation was launched as part of a review of the statutory right to request a remote working arrangement. The right to request a remote working arrangement under the Work Life Balance and Miscellaneous Provisions Act 2023 came into force for all employees in March 2024.

The Act required a legislative review of the operation of the remote working provisions not earlier than one year and not later than two years following the commencement of the legislation. As part of the review, a public consultation sought the views of members of the public, employers and other interested parties.

Last month the Minister for Small Business, Retail and Employment Alan Dillon TD, and the Minister for Enterprise, Tourism and Employment Peter Burke published the statutory review of Ireland’s remote work request provisions.

This review shows that, when used, the legislation is working effectively in practice, with 94% of employees’ requests approved, either fully or in part. Employers report minimal administrative burden operating the system.

The key findings in the review of the legislation:

  1. 94% approval rate for remote working requests
  2. low administrative burden reported by employers across all sectors
  3. low use and awareness of the legislation, particularly among those living in rural communities
  4. the legislation is functioning as intended, with no amendments being made at this time

At the publishing of the review the Minister for Enterprise, Tourism and Employment, Peter Burke TD said, “The review shows that when employees and employers engage with the legislative framework, it works – supporting flexibility and improved work life balance. Remote work has the potential to open up opportunities far beyond our major cities, and it is vital that people in every part of the country understand the rights available to them. The recommendations within the report will ensure that the right to request remote work is transparent and understood by both employers and employees, contributing to an attractive labour market and a competitive, future‑focused business environment.”

Ireland was one of the first EU countries to introduce a legal right to request remote work, supported by the Codes of Practice on the Right to Disconnect and on Flexible and Remote Work. Among other initiatives, the next steps include, a targeted National Information Campaign, to begin this year to ensure employees and employers understand the right to request remote work and how the process operates.

At the event Minister Dillon stated, “Remote working is now a fundamental part of how Ireland works. This review clearly shows that when employees use their right to request remote working, it delivers, with over 90% of requests approved in full or in part. This is the kind of balanced, practical flexibility that we want to see nationwide.

“But it also tells us that too many people are still not aware that the right exists. A national awareness campaign will help ensure workers and employers across the country to become aware and understand that the right exists.”

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.