30 Sep Right to request remote working – Karabko v Tik Tok

Since 7th March 2024 employees have the right to request remote and flexible working arrangements, as provided for in the Work Life Balance and Miscellaneous Provisions Act 2023 and the Parental Leave Acts 1998 – 2023, and as supported by the supporting Statutory Code of Practice from the WRC.

The first case to be heard by the WRC under the legislaiton was published last month, Karabko v Tik Tok, when an employee who had been working remotely due to Covid, did not comply with a request to return to the office three days per week and applied under the Code to continue working remotely, citing reasons such as rental costs in Dublin as well as the fact that her team did not work physically in the Dublin office.

The WRC accepted the Company’s case that it needed to apply its hybrid working policy consistently and that it had adhered to the Code of Practice by considering the application correctly, and agreed that it had the right to deny the request.

This case is useful in that it clearly highlights that the WRC will not assess the merits of the decsion per se, but is concerned with the process that has been followed and adherence to the Code.

It is therefore critical that employers adhere to the provisions of the Code and review all requests made in a reasonable and considered manner, with up to 20 weeks compensation payable in respect of a flexible working request and four weeks in respect of a remote working request, if due process has not been followed.

The Code provides clear guidance on the process and procedures to follow in respect of application and response timelines, eligible categories of employees, service requirements etc as well as the rights of employers to refuse requests or terminate arrangements that are agreed.

Here is a link to the Code on the WRC website. https://www.workplacerelations.ie/en/what_you_should_know/codes_practice/code-of-practice-for-employers-and-employees-right-to-request-flexible-working-and-right-to-request-remote-working/

However, it should be noted this is the first case decision to be published and it remains to be seen how future claims may be dealt with.