We get regular queries at the office around whether an employee has a legal right to remote work.
Part 3 of the Worklife Balance and Miscellaneous Provisions Act 2023 (which deals with the right to request remote and flexible work) was brought into effect in March 2024. The Code of Practice on the Right to Request Remote Work was also published at this time. A copy of the Code can be found here
Recent caselaw in this area has continued to confirm the current position on the law. Specifically, the Workplace Relations Commission will only consider whether employers followed proper procedure when they receive a request for remote work. They will not assess the merits of the request itself or whether the employer was correct to refuse it.
In that regard, employees do have a legal right to request remote work. However, there is no strict legal entitlement to receive it. The Code of Practice sets out the law in simple and easy to understand language on what an employer should consider when they receive a request and general guidance around the procedure.
If you are an employer or employee and are unclear as to what your obligations or rights are, please do not hesitate to contact the office by email or telephone.