Right to Request Remote Working in Ireland: A Manager's Guide to the WRC Code

Since 2024, Irish employees have had a statutory right to request remote working, and employers are expected to follow a set process when they respond. The process is set out in the Workplace Relations Commission (WRC) Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Working. This guide focuses on remote working requests and turns the Code's timelines into a checklist for managers and HR teams. It also touches on the health and safety side, which we cover in more depth in our guide to display screen equipment and hybrid working.

A note on sources: the Code is a PDF published on the WRC website. It does not state an effective date, and Citizens Information and the Department of Enterprise give slightly different March 2024 start dates, so we refer to March 2024 only. We have not reproduced compensation or fine amounts, because we could not check them against a second source. Read the Code itself for those.

Who can ask, and from when

According to the Code, all employees may make a statutory request for remote working. They can apply from their first day, but an approved arrangement can only start once the employee has six months' continuous employment. Gaps in service of less than 26 weeks are disregarded.

What a request must contain

The request must be in writing and signed, although an online application is enough. It should state the days requested, the start and end dates if relevant, and the reasons. It should also set out the proposed location and evidence of its suitability, such as equipment, privacy, data security, health and safety and internet connection. The employer may ask for further information.

The timelines to diarise

• Notice before start: the request must be submitted no later than 8 weeks before the proposed start date, and as early as reasonably practicable.
• Employer response: no later than 4 weeks after receiving the request.
• Extension: where assessing viability is difficult, the response period may be extended for a further period not exceeding 8 weeks.

The Code does not say what happens if the employer misses the 4-week deadline, and it does not say the request is deemed approved. It also does not say whether the 8-week notice period can be shortened. Because of those gaps, we suggest treating the deadlines as firm.

The three possible responses

Within the four weeks, the employer can approve, refuse or ask for more time. Approval takes the form of a signed agreement setting out the arrangement and any start and end dates. A refusal must be written and state the reasons. A request for more time must be written and state the length of the extension.

Weighing the request

The employer must consider business needs, the employee's needs and the requirements of the Code, acting in an objective, fair and reasonable manner. The Code gives non-exhaustive lists of factors. On the role side, they include whether the duties can be done remotely, equipment needed on site, face-to-face work, service quality and health and safety. On the employee side, they include IT skills, supervision needs, performance, disciplinary status and attendance. Where approval is not possible, the Code says the parties should consider an alternative arrangement if feasible.

The Code does not impose a statutory trial period. Its template suggests that employers may build in a trial and reviews, leaving the length to be filled in. If your organisation also handles related requests under its working time and accommodation policies, you may find our guides to working time compliance in the UK and Ireland useful alongside.

Ending an arrangement

The Code allows an arrangement to be ended where there is a substantial adverse effect on the business, for reasons such as seasonal variation, the unavailability of a person to do the duties on site, the nature of the duties or other relevant matters. The process has three parts. The employer first notifies the employee in writing of the proposal and the grounds, and allows 7 days after receipt of the notice for representations. It then considers those representations. If it proceeds, it gives written notice with reasons and a return date not earlier than 4 weeks from receipt, unless the arrangement ends sooner.

An employee can also ask to return early, in writing with reasons and a date. The employer must respond within 4 weeks. When an arrangement expires, the Code says the employee is entitled to their prior arrangement.

Records and complaints

The Code requires employers to keep records of approved remote working arrangements for three years, including the employment period, the dates and the number of times, and to keep notices for one year. A complaint about a specific breach can be referred to the WRC within 6 months of the breach, and an Adjudication Officer can extend that to a maximum of 12 months for reasonable cause. Citizens Information gives the same time limits. The Code describes remedies that include directing compliance and compensation, and it says adjudicators and the Labour Court review the process, not the merits of the decision.

Our suggestions for managers and HR

These are our own practical suggestions, not part of the Code:

• Log the date every request is received and set diary reminders for the 4-week and 8-week points straight away.
• Use a simple template for your response that records the factors you weighed, so a refusal is easy to explain in writing.
• Check the proposed workspace against your health and safety and data security expectations before you approve, since the Code lists these among the evidence an employee should provide.

Frequently asked questions

When can a remote working arrangement start?

Employees can apply from day one, but an approved arrangement can only start after six months' continuous employment.

How long does an employer have to respond?

The Code says no later than 4 weeks after receiving the request, with a possible extension not exceeding a further 8 weeks.

Does the Code say a request is approved if the employer does not reply?

No. The Code does not state that a request is deemed approved if the deadline is missed.

How much notice must an employee give before the start date?

The request must be made no later than 8 weeks before the proposed start date.

How long do employees have to complain to the WRC?

Within 6 months of the breach, extendable to a maximum of 12 months for reasonable cause.

Next steps

Review your remote working policy against the Code's timelines and request contents, and make sure everyone who handles requests knows the 8-week, 4-week and 7-day points. You can also explore our CPD training options as part of planning wider professional development for managers.