WRC gets first complaints on f lexible work

Five protests lodged since new legislation came in last month

FIVE complaints relating to remote or hybrid working have been received by the Workplace Relations Commission (WRC).

The complaints have been lodged since the introduction of the ‘right to request remote/flexible work (FW)’ in early March.

Figures released to RTÉ News by the Department of Enterprise, Trade and Employment show that up to Tuesday, April 23, five people had made complaints to the WRC about remote or flexible working.

‘The complaints will be addressed by the adjudication officer and, as with all cases, will be published on the WRC website,’ a department spokesperson said.

The legislation was introduced on March 7, as part of the Work Life Balance and Miscellaneous Provisions Act 2023.

On that date, the Government published a code of practice, drawn up by the WRC, on foot of trade union advice.

It stated that anyone can request remote working, although they must have six months’ continuous service before it can start.

It suggested that specific reasons for such a request could include reducing a worker’s commute and carbon footprint, improving their quality of life outside working hours, personal or domestic circumstances, or special medical needs that require a quiet working environment.

It also outlined the circumstances in which such a request can be refused, for example if duties cannot be done remotely, if on-site tasks are required, or if there are health and safety concerns.

The code said a breach of the law may be referred to the WRC at any point, including if a company grievance procedure fails to sort the problem.

Under the Act, neither an adjudicator of the WRC nor the Labour Court have the legal power to assess the merits of any decision made by an employer in relation to FW. This means that they cannot look at the merits of the decision, and can only look at the process which led to the employer’s decision.

The adjudicating officer, or the Labour Court on appeal, may direct the employer to comply with specific sections of the Act and/or award compensation to the employee, not exceeding 20 weeks’ pay, to be paid by the employer.

HR experts Peninsula Ireland said the complaints highlight the need for employers to be compliant with the legislation.

Moira Grassick, chief operating officer at Peninsula Ireland, said: ‘Employers need to keep in mind that they have legal requirements around the right for employees to request flexible and remote working arrangements.

‘Given what we’ve seen recently around demands for more flexible and remote work in the market, this situation is likely going to continue evolving. So, preparation and knowledge are key to incorporating this new legislative reality into business practices and employee communication.’

‘This situation is likely to evolve’