Want to work from home? – The rules governing your employer’s reaction

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Want to work from home? – The rules governing your employer’s reaction
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Hybrid is the future - US research found average workers come in 2.6 days a week, while it is unlikely everyone will ever return for the full five

The post-Covid battle has been on to determine the future of the workplace. As the pandemic shutdowns eased, some employers have tried to get their staff back to the office all, or most, of the time, while others have sought to formalise the hybrid working future, seeking a middle road. In many cases this has settled, predictably, on three days in the office and two working remotely.

There are also obligations on employers. Within four weeks of getting the request, they must accept it, refuse it and give reasons why, or provide notice in writing that more time is needed. Employers are expected to take into account not only their own needs but also those of the employee and act in an"objective, fair and reasonable"manner.

Increasingly, workplace arrangements are becoming more formal, according to Jennifer Cashman, partner with law firm RDJ and the code has guidelines on the issues a company needs to cover, such as what type of arrangements will be considered, requirements on employees to be flexible, working hours and the working environment and whether they are prepared to consider people working outside Ireland, which can raise awkward tax and legal issues.

According to Cashman, it will be interesting to see how adjudicators at the WRC – the typical first place for a dispute to go – deal with cases that come before them and how the new system actually operates. She points out, however, that under the code, the WRC and the Labour Court can consider the process used by the company in dealing with a request, but not the underlying merits of the employer’s argument.

One comparison tells a lot of the story: “In 2019, 60 per cent of remote-capable employees spent their week working fully on-site, whereas that figure has fallen to just 20 per cent in 2023.” Looking at it another way, around 40 per cent of US employees covered by the survey have shifted entirely from on-site to either hybrid or working remotely.

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