Workers need independent appeals process if refused remote work request, says CIPD

Call comes as employment minister Alan Dillon announced a public consultation on the issue

Chartered Institute of Personnel and Development market director for Ireland Alison Hodgson.

Workers need to be given access to an appeals process if they are refused an option of remote working, the Chartered Institute of Personnel and Development has urged.

The call comes as employment minister Alan Dillon announced a public consultation on Tuesday seeking views on the right to request remote working. The public consultation comes amid a growing push by man employers to bring employees back to the office, and squeezing of remote and hybrid working opportunities. 

The right to request a remote working arrangement came into force for all employees in March 2024, as part of the Work Life Balance and Miscellaneous Provisions Act 2023. 

But current legislation does not provide a direct right to work remotely. Instead it provides a right to request and sets out requirements including how a request must be made, considerations both the employer and employee must take into account, timelines and referrals to the Workplace Relations Commission.

Chartered Institute of Personnel and Development market director for Ireland Alison Hodgson said legislation is focused on the mechanics of submitting and responding to requests without any robust mechanism to challenge the fairness or consistency of decisions.

"We believe that introducing clearer criteria for refusal, including a definition of what constitutes a ‘substantial adverse effect’, alongside an independent appeal or review process would help deliver more transparent, equitable and consistent decision making," said Ms Hodgson.

"It is essential that the legislation remains clear, workable, and supports constructive dialogue between employer and employee while also reflecting the diverse realities across sectors, roles and business models.”

Submissions to the public consultation will be taken until 3pm on December 9. "Remote work plays a vital role in broadening access to the labour market, reducing commuting times, and allowing people to spend more time with their families. Ensuring that the legislation underpinning the right to request remote work is effective and responsive is key to supporting these benefits," said Mr Dillon. 

Enterprise minister Peter Burke added: "By engaging with this consultation, members of the public, employees, employers and other interested parties can help us ensure the legislation is functioning as intended and delivering on its objectives in a fair and balanced way for both employees and employers."