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Government Launches Public Consultation on Right to Request Remote Work

The Government has opened a public consultation to gather opinions on the operation of legislation allowing employees to request remote working arrangements. The initiative invites submissions from members of the public, employers, and other interested parties.

The rules, introduced in March 2024, require both employers and employees to consider a Workplace Relations Commission (WRC) code of practice when handling applications for remote work. While the legislation does not grant a direct right to work remotely, it outlines how requests should be made, the factors each party must consider, and timelines for processing applications.

Employees who believe an employer has failed to follow the code may bring a dispute to the WRC. Since the legislation’s introduction, the commission has received 60 complaints related to remote work. Of these, 36 have been closed: one complaint was upheld, 11 were rejected, five resolved through mediation, and 19 were withdrawn. The remaining 24 complaints are awaiting hearings or decisions from Adjudication Officers.

Under the legislation, a formal review of the remote working provisions is required to take place no earlier than one year and no later than two years after they came into force. Minister of State for Small Business, Retail and Circular Economy Alan Dillon said the public consultation forms part of this review.

“This is an important opportunity to hear directly from members of the public, employers and other stakeholders about how the legislation is operating in practice, whether it is clear and accessible, and whether it has presented any challenges or unintended consequences,” Dillon said.

He highlighted the broader benefits of remote work, noting that it helps increase access to the labour market, reduces commuting times, and allows people to spend more time with their families. Dillon added that ensuring the legislation is effective and responsive is key to supporting these benefits.

The WRC developed the code of practice in consultation with trade unions and employer representative bodies. It provides guidance to employers and employees on handling remote working requests, setting out expectations for communication, fairness, and timeliness.

The Government has made the consultation available on the Department of Enterprise website, and submissions will be accepted until 9 December. Stakeholders are encouraged to provide feedback on the clarity, accessibility, and practical impact of the legislation.

The consultation represents the first formal review of the right to request remote work since its introduction and aims to assess whether the legislation is meeting its objectives while identifying areas that may need adjustment.

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