Since March 2024, employees in Ireland have had a statutory right to request remote working. While employers can refuse requests, they must follow the process set out in the Work Life Balance and Miscellaneous Provisions Act 2023 and the WRC Code of Practice.
Many employers focus on whether they can reject a request. The greater risk lies in how that decision is made, documented, and communicated. A flawed process can lead to a WRC complaint even where the refusal itself is justified.
What Is the Right to Request Remote Work?
The legislation gives employees the right to request remote working. It does not automatically grant them the right to work remotely. Employers remain responsible for deciding whether a proposed arrangement is suitable for the business.
- Employees can submit a formal remote work request.
- Requests must be made in writing.
- Employers must consider each request.
- Decisions must be issued in writing.
- Employers can approve or refuse requests.
- The WRC Code of Practice applies to the process.
The key point for employers is that every request requires genuine consideration. A refusal is permitted, but a fair and documented assessment must support it.
Why Employers Are Getting Caught Out
Many organisations assume they are compliant simply because they have a remote-working policy. However, policies alone do not protect employers when an individual’s request is challenged.
- Managers make inconsistent decisions.
- Requests are assessed informally.
- Business reasons are not documented.
- Deadlines are missed.
- Decisions are poorly communicated.
- Records are incomplete.
Most complaints arise because employers cannot demonstrate how a decision was reached rather than because the decision itself was unreasonable.
When Can You Refuse a Request?
The WRC Code recognises that remote working is not suitable for every role. Employers can refuse requests where legitimate business grounds exist.
- Operational requirements.
- Customer service needs.
- Data security concerns.
- Confidentiality obligations.
- Health and safety issues.
- Need for on-site supervision.
- Requirement for face-to-face collaboration.
- Impact on productivity or service delivery.
The important point is that employers must connect the reason to the employee’s actual role. Generic references to culture, teamwork or business needs are unlikely to provide a strong defence if challenged.
The Process Matters More Than the Outcome
The WRC focuses heavily on process. An employer may have valid reasons for refusing a request, but still face difficulties if the statutory process is not followed correctly.
- Assess requests individually.
- Consider employee circumstances.
- Consider business requirements.
- Follow statutory timelines.
- Communicate decisions clearly.
- Keep written records.
Employers need evidence that the request received proper consideration. A short refusal email with little explanation may create unnecessary risk.
Five Mistakes That Lead to WRC Complaints
Several issues appear repeatedly when remote work requests are disputed. Most are avoidable with the right procedures and management training.
- Blanket return-to-office policies.
- Generic reasons for refusal.
- Missing response deadlines.
- Poor record keeping.
- Failure to consider individual circumstances.
A consistent and documented process is often the difference between a defensible decision and a costly dispute.
What Happens If an Employee Complains?
Employees can refer complaints to the Workplace Relations Commission if they believe an employer failed to comply with its obligations under the legislation.
Potential consequences include:
- WRC investigations.
- Compensation awards.
- Orders to comply with statutory obligations.
- Management time and legal costs.
- Public decisions.
- Reputational damage.
The WRC does not generally decide whether remote work should have been approved. It examines whether the employer followed the correct process and properly considered the request.
Remote Work and Equality Obligations
Some remote work requests raise issues that extend beyond the remote working legislation. Employers must also consider their obligations under equality legislation where relevant.
- Disability-related requests.
- Reasonable accommodation requirements.
- Long-term health conditions.
- Pregnancy-related circumstances.
- Caring responsibilities.
A remote work request may become an equality matter if an employer fails to consider these factors appropriately. This creates additional legal risk and requires careful assessment.
A Remote Work Refusal Checklist
Employers who take a structured approach are less likely to face complaints and disputes. Before rejecting a request, consider whether the organisation can demonstrate compliance with the process.
- Is there a written request?
- Has the role been assessed objectively?
- Have business reasons been documented?
- Have employee circumstances been considered?
- Has the decision been issued within the required timeframe?
- Are the reasons for refusal clear and specific?
- Is supporting documentation available?
If the answer to any of these questions is no, the process may need further review before a final decision is made.
How HR Team Can Help
Remote work requests are no longer informal workplace discussions. They are statutory requests that require a clear, fair and documented process.
Employers can refuse requests where legitimate business reasons exist. However, they must be able to demonstrate that each request received proper consideration and that every decision is supported by evidence.
HR Team helps employers across Ireland review remote work policies, assess requests, train managers and reduce the risk of WRC complaints.
Contact HR Team today to review your remote work procedures and ensure your organisation remains compliant with Irish employment law.
FAQ: Rejecting Remote Work: The Legal Pitfalls Under the WRC Code of Practice
Can an employer refuse a remote work request in Ireland?
Yes. Employees have a right to request remote working, but employers are not required to approve every request. A request can be refused where legitimate business reasons exist, and the correct process is followed.
What are valid reasons for refusing a remote work request?
Valid reasons may include operational requirements, customer service needs, data security concerns, confidentiality obligations, health and safety issues or the need for on-site supervision. Employers should ensure the reasons relate directly to the employee’s role.
What happens if an employer does not follow the WRC Code of Practice?
Employees may submit a complaint to the Workplace Relations Commission if an employer fails to comply with the statutory process. This can result in compensation awards, compliance orders and reputational damage.
Does the WRC decide whether remote work should be approved?
In most cases, the WRC focuses on whether the employer followed the correct process rather than whether the employee should have been allowed to work remotely. Documentation and procedural fairness are, therefore, critical.
How can employers reduce the risk of remote work disputes?
Employers should implement a clear remote work policy, train managers, assess requests consistently, document decision-making and ensure all requests are handled in line with statutory requirements and the WRC Code of Practice.
