Q&A: What are my rights if I want to continue working from home?

Richard Grogan of Richard Grogan and Associates and Caroline Reidy, managing director of The HR Suite have outlined how the return will work and what it means for employees.

Monday 24 January marked the official phased return to the workplace for those who have been working from home for just under two years.

Employment lawyer and well-known TikTok personality, Richard Grogan of Richard Grogan and Associates and Caroline Reidy, managing director of The HR Suite have outlined how the return will work and what it means for employees.

So, when is the return to the workplace likely to happen for me?

According to Caroline Reidy from the HR Suite, as it’s no longer a requirement to work from home, we can expect employers to start engaging proactively with staff to assess what the new work environment will look like. 

The Covid-19 National Protocol for Employers and Workers states that employees must complete the Pre-Return-to-Work form before they return to the office.

There are also plans to publish proposed new legislation that would seek to give workers the right to request remote or hybrid working.

However, Mr Grogan said this may not be fully implemented until May or June.

“Until then, we’re into a bit of a lacuna, where there are no rights," he said.

Caroline Reidy, managing director of the HR Suite and HR and employment law expert says that as it’s no longer a requirement to work from home, we can expect employers to start engaging proactively with staff to assess what the new work environment will look like.

What should the process look like?

Lots of consultation and engagement between employers and employees early on is key, Ms Reidy said.

If you are looking to negotiate with your employer about your return to work, Mr Grogan recommends sitting down with them and having a conversation.

“Equally, it’s an issue of the employer sitting down and having a chat with the employee as to why they need them back in and for how long and to try to get a negotiated agreement on it,” he added.

Can I expect a sudden return to the workplace?

According to Ms Reidy, it would need to be done with a fair approach and that will involve engagement, so it’s likely to happen over the coming weeks to facilitate employees as they prepare for the new return.

Can my employer make me return to the office?

This is the question many people are asking. Both Ms Reidy and Mr Grogan noted that if employees’ contract is to work from a specific location, such as their office, then this is part of their terms and conditions that can now come into play if there are no longer restrictions.

Health and safety may also play a role, Mr Grogan warned, as most remote working set-ups, such as working from a kitchen table, would not meet workplace requirements and could pose another challenge for those who want to continue working from home.

What are an employee’s rights in this situation?

“At the present point, virtually null,” as Mr Grogan put it, but in some situations, such as where the employee has childcare issues, they may have rights to request to continue remote working.

However, as noted by Ms Reidy, if an employer was to ask employees to return without any engagement, this would result in issues such as retention and morale.

While you can, of course, negotiate with your employers, they may maintain their stance of a return to the workplace, according to Mr Grogan.

What advice do you have for any employee who wants to negotiate a hybrid or fully remote system?

While we await the new legislation, Ms Reidy says engagement and communication with your employer on what you would like your arrangements to be as soon as possible is key.

“The big one is to go and talk to the employer, the second is to get out a piece of paper and set out how you say you can continue to work – how you can do your job fully remotely or how you can do your job partly remotely and partly hybrid,” Mr Grogan said.