Background: 

The Complainant sought to reduce her workweek to three days due to the strain of a 150KM daily commute. In January, after her line manager dismissed her request, she sought advice from the WRC. Lacking clarity about her rights, she applied for full-time remote work in July using a WRC template. However, she admitted at the hearing that she had not formally submitted a written request to her employer regarding changes to her current work arrangement.

The Respondent highlighted that the employment core hours were Monday to Friday, with flexibility for earlier or later starts. Hybrid working policy limited remote work to two days per week. The Complainant’s initial request in October 2022 to work remotely on Wednesdays and Thursdays was approved. In October 2023, she applied to change the arrangement to Thursdays and Fridays, which was also approved and remains her current setup. The Complainant did not submit a formal remote working request to HR or her manager. The Respondent cited issues with the Complainant’s attendance and performance, particularly in adhering to office attendance requirements.

Finding:

The Adjudicator dismissed the matter as the Complainant did not submit a written and signed application for a new remote working arrangement as required under Section 20(3) of the Work Life Balance and Miscellaneous Provisions Act 2023. The application made to the WRC did not meet the legal requirements for a valid request. The Adjudicator emphasised that the WRC's role is to ensure compliance with procedural requirements under the Act, not to assess the merits of remote working applications. Although no finding was made against the employer, concerns were raised about their response, which criticised the Complainant’s performance inappropriately during the hearing. The employer was advised to adopt a clear written policy outlining how flexible and remote working requests are handled under the Act, especially as it also provides rights to parents and carers seeking flexibility. The complaint was found not to be well-founded.

Practical Guidance for Employers:

Employers are advised to:

• Adopt a Clear Written Policy: Develop a comprehensive written policy on flexible and remote working requests in line with the Work Life Balance and Miscellaneous Provisions Act 2023. Clearly outline the application process, including requirements for written and signed submissions, and identify decision-makers to ensure transparency and compliance.
• Train Managers: Ensure that line managers are trained on the legal requirements and internal processes for handling remote working and flexibility requests. This helps prevent informal dismissals of requests and ensures compliance with statutory obligations.
• Respond Appropriately to Complaints: In public forums, such as WRC hearings, avoid commenting on unrelated performance issues unless directly relevant. Focus solely on the matter at hand to maintain professionalism and avoid undermining your position.
• Communicate Policies and Rights Clearly: Regularly communicate flexible and remote working policies to employees, ensuring they understand their rights and the steps required to make valid requests under the law. This reduces misunderstandings and ensures procedural clarity.