Reviewing remote working legislation
The remote working request process provided by the Work Life Balance and Miscellaneous Provisions Act 2023 is “overwhelmingly effective” when used, but only 48 per cent of employees are aware of it while 10 per cent have made a formal request under it, a new report has found.
Awareness of the legislation is lower in rural areas with 38 per cent of rural employees aware of it compared with 53 per cent of urban employees. The Statutory Review Report: Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023, published by the Department of Enterprise, Tourism and Employment in March 2026, also finds that 55 per cent of male employees are aware of the legislation compared to 41 per cent of females.
To address this, the Department is tasked with rolling out an information campaign “tailored by demographics and geography”.
The legislation is underpinned by the codes of conduct of the Workplace Relations Commission (WRC) on the right to disconnect, and the right to request flexible or remote work. However, only 35 per cent of employees and 47 per cent of employers were aware of the codes of conduct.
To address this, the WRC is to be asked to revise the codes of practice to “strengthen clarity, transparency, and dialogue”. One area identified by the codes of practice for improvement related to the timelines for remote working requests.
Currently, the WRC’s code of practice says employers who receive a request for flexible or remote working must approve or refuse the request within four weeks of its receipt.
The report states that 86 per cent of employers reported that they responded to requests within four weeks. However, only 58 per cent of employees reported that they received a response to their requests in the same timeframe. The report also recommends the WRC change its codes of practice to achieve the following:
• provide clearer templates and guidance for employees requesting remote work;
• support employers to give comprehensive and transparent reasons for decisions; and
• support more structured consultation between employers and employees when considering remote work options and promote the use of WRC’s mediation services.
The full approval rate for remote working requests ranged between 57 per cent and 85 per cent across different surveys. Partial approvals ranged between 12 and 33 per cent. Outright refusals ranged between 3 per cent and 24 per cent.
The report asserts that partial approvals demonstrate that “the formal process often drives compromise between employees and employers, aligning individual needs with business realities”.
“While this framework aims to balance employee flexibility with business needs, some perceive the system as favouring employers,” the report says.
This is based on two problems: employers’ discretion to refuse a request on subjective ‘business grounds’, and the lack of a “clear, independent, and merits-based appeal process”. The report indicates that decision-making should be more “transparent, objective, and accountable”.
Furthermore, the report outlines that processing remote working requests incurs low administrative burden for employers. It finds that 92 per cent of employers found the process of considering a request was ‘very’ or ‘fairly’ easy. However, only 63 per cent of employees find the process easy.
The report asserts, for employers, “ease is a function of having a good system” adding that “it is a manageable administrative task” for them. For employees, their difficulties arise from the absence of a good system. Problems for employees include ‘confusing paperwork’, ‘unclear and hard-to-find information’, ‘opaque approval processes’, and ‘manager gatekeeping’.
The report states that the Act is functioning as intended and requires no amendments. It says: “Overall, the evidence supports a finding that the Act has acted as a stabilising, evolutionary force, not a disruptive one, prompting more organisations to formalise remote-work policies.”
Minister for Enterprise, Tourism and Employment, Peter Burke TD, says: “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.”
