On the 7th March, 2024, the Workplace Relations Committee, in response to a request from the Minister for Enterprise, Trade, and Employment, prepared a Code of Practice for Employers on the Right To Request Flexible Working.
We have gone through the Code in detail, and we have broken it down into everything you need to know!
Why Is A Code Of Practice Needed?
According to EY's Future Workplace Index, 72% of workers were Hybrid-based, with between 2-4 days spent in the office, in 2023.
As you are aware, the way that we work has changed significantly in the last 4 years. What was once deemed a luxury, Remote and Hybrid Working has become the norm for most Irish companies.
While COVID may seem to have forced this change, we believe that Hybrid and Flexi-Work were always on the cards. It just happened sooner than most were prepared for!
Advancements in technology, wider network coverage, and shifting priorities have helped to facilitate this change somewhat. However, at an individual level, we are still playing catch-up.
According to EY's Future Workplace index (2023), in 2022, there was a wide range of scenarios that employees worked under. These were split almost evenly, from Fully Remote to Fully In-Office.
In 2023, the landscape has changed, with 3 scenarios becoming the most common. Fully Office Based (27%), Hybrid Based With >3 days in-office (38%), and Hybrid Based with 2-3 Days in-office (34%). Surprisingly, less than 1% of workers are working fully remote.
You can draw your own conclusions from these statistics, but the reality is that employers want everyone back in the office, employees want to be fully remote, and the happy medium is somewhere in the middle.
Like it or not, the future of work in Ireland is The Hybrid Working Model, and the WRC’s Code of Practice offers simple guidance on how to make it work for your business.
So, here’s everything you need to know about the WRC’s Code of Practice For Employers in relation to the Right to Request Flexible Working!
Flexible Working - Code Of Practice
6 Types Of Flexible Working
Part-Time Work
Where an employee works fewer hours than full-time employees.
Term-Time Work
Where an employee can take unpaid leave for a certain period of the year, most typically summertime.
Job-Sharing
Where a full-time post is divided into two part-time roles and both employees share the overall duties and responsibilities for the role. Pay and benefits are shared in proportion to the hours each employee works.
Flexitime
Where an employee can vary their start and finish times outside of core hours while completing the required hours of work each week/month as specified in their contract.
Compressed Working Hours
Where an employee works their full-time hours in fewer days by extending their working day in longer blocks of time. An example of this is a five-day week that is compressed into four days.
Remote Working
Where an employee works all or part of their working week at a location remote from the employer’s workplace, which may be the employee’s home.
1. Right To Request Flexible Working – Who can Request it?
- Parents of children under 12 (or 16 with a disability/illness)
- People caring for someone who needs significant support due to a serious medical condition.
2. Responding to Flexible Work Requests
- Respond within 4 weeks
- Need more time to decide? If assessing the request is tricky, you can extend the deadline by up to 8 weeks. Just be sure to notify the employee in writing about the extension.
Your Response Options Are:
Approve
Reject
Need More Info
8 Tips For A Smoother Process
- Be open and consider all possibilities
- Communicate clearly and promptly
- Consider a trial period
- Think about the benefits
- Be prepared to discuss workload
- Set clear expectations
- Review and adapt
- Seek professional guidance
3. Fairly Considering a Flexible Working Request
Here's what to keep in mind when evaluating an employee's request for flexible work:
Balance The Needs Of Both Parties
Seek Guidance
Be Open To Adjustments
4. Changes to Existing Arrangements
Both you and the employee can agree to modify a previously approved flexible work arrangement, in writing, before or after it starts.
This could involve:
- Postponing all or part of the arrangement
- Shortening the duration
- Making other mutually agreed changes
5. Special Case: Illness and Caregiving
If an approved flexible work arrangement hasn't started yet and the employee falls ill or can't provide care due to their own health issues, they can postpone the arrangement.
They must notify you in writing as soon as possible and provide a medical certificate or other evidence you deem reasonable.
6. Terminating Flexible Work Arrangements
There are situations where you can terminate an approved flexible work arrangement, but you must follow a fair and proper procedure.
Valid Reasons for Termination
You can only terminate a flexible work arrangement if it has, or would have, a significant negative impact on your business due to factors like the following:
- Seasonal changes in workload
- Lack of someone to cover the employee's duties
- The nature of the employee's job requirements
- Staffing levels
- Overlapping flexible work arrangements creating coverage issues
- Other relevant factors significantly impacting your business operations
Termination Process: General
Written Notice With Reasons
If termination is necessary, provide the employee with written notice, explaining the reasons and the date they must return to their original schedule (at least 4 weeks from the notice date, unless the arrangement itself ends sooner).
Consideration & Communication
Before finalizing the termination, you must:
- Notify the employee in writing of the proposed termination.
- Provide details justifying the termination.
- Give the employee 7 days to respond and provide their perspective.
- Carefully consider their input before making a final decision.
Objectivity & Fairness
The termination reasons should be clear, objective, and fair.
The notice should explain the decision-making process and demonstrate that their situation was considered carefully.
Exploring Alternatives
Before termination, discuss
if any alternative arrangements might work for both parties.
Employee's Return to Original Schedule
If you proceed with termination, the employee must return to their original work schedule on the date specified in the notice.
7. Addressing Abuse of Flexible Work Arrangements
Even with approved flexible work arrangements, there can be situations of misuse.
Here's what you can do, as an employer.
Identifying Abuse
An employee must use the flexible work arrangement for its intended purpose. If you have reasonable suspicion that it's not being used as agreed, you can take action.
Termination Process: Abuse Of Flexiwork
Written Notice With Reasons
Consideration & Communication
Before finalizing the termination, you must:
- Notify the employee in writing of the proposed termination.
- Provide details explaining your suspicion of misuse.
- Give the employee 7 days to explain their situation.
- Carefully consider their explanation before making a final decision.
Importance of Fairness
Similar to terminating for other reasons, ensure the process is objective and fair. The notice should clearly explain the situation and the steps taken to investigate the issue.
Employee's Return to Original Schedule
If you proceed with termination due to misuse, the employee must return to their original work schedule within 7 days of receiving the notice.
8. Record-Keeping Requirements for Flexible Work Arrangements
Here's what you need to know as an employer about record keeping for flexible work arrangements:
What Records To Keep?
Employment Period
Frequency Of FW Usage
Approved Flexiwork Arrangement Dates
Copies Of Notices
Why Keep Records?
- It's the Law: Failing to maintain these records can result in a fine of up to €2,500.
- Demonstrates Compliance: Proper record keeping shows you're following the regulations for flexible work arrangements.
- Provides References: Records can be helpful if there are future questions or disagreements about a particular arrangement.
Retention Period Of Records
Keep all FW arrangement records for three years.
9. Developing A Work-Life Balance Policy
The WRC's Code of Practice for flexible working emphasizes the importance of a work-life balance policy for several reasons.
Firstly, it fosters a transparent and fair process for both employers and employees. A clear policy outlines the parameters for requesting and implementing flexible work arrangements, including eligibility criteria, consideration factors, and the response timeframe.
This transparency ensures employees understand their rights and the basis for decisions, while employers can make informed choices based on established guidelines.
Secondly, a work-life balance policy promotes a more positive and productive work environment.
By demonstrating a commitment to employee well-being and flexibility, employers can attract and retain top talent.
The policy empowers employees to manage their personal commitments alongside work responsibilities, potentially reducing stress and boosting morale.
This can lead to increased engagement, productivity, and loyalty within the workforce.
WRC’s Code of Practice For Flexible Working | Summary
Ireland's WRC has established a clear Code of Practice for flexible working, granting employees the right to request flexible or remote work arrangements for childcare or caregiving needs.
This code ensures a fair and transparent process, outlining employee eligibility, employer considerations, response timelines, and procedures for both approving and potentially terminating flexible work agreements.
If you are an employer or an employee and looking for guidance or advice on the Code of Practice, or need help with anything relating to your Hybrid Working Process, get in touch with one of our Workplace Experts today!
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