Working from home or return to office? What new laws will mean for workers

The new laws are set to come in by October.

The right to request flexible work in Ireland is becoming a reality, with the EU's Work Life Balance Directive set to be implemented by October 2022. Meaning that employees will soon be able to request to either work from home or work in a hybrid model, the scheme is expected to benefit those who find it harder to balance home life and the office. But while it can be requested, it doesn't mean it will be granted by employers as the Government has revealed their 13 reasons why your employer can deny your request. So as Ireland reopens and we've been given the green light to return to work, what does this all mean for workers who can potentially remain remote? "We always knew that we were going to follow the UK on this, all EU states have to bring in this work-life balance directive by October 2022," Karen O'Reilly, founder of Employflex, tells Her.ie. "I think it's really a fantastic opportunity to change the whole landscape of how we work and where, we should try and get it right now. It's the perfect opportunity to do it rather than going back to the traditional way of work. That is just a ridiculous concept, it's not necessary." When it comes to the reasons an employer can deny an employee's request, Karen says more clarification needs to be given, and more details need to be agreed on before it becomes law. The Right to Request Remote Working Bill 2021 is set to give a legal framework, giving details where approving or refusing a request for remote work can be based. Leo Varadkar saying the aim is to make better terms and conditions for workers a "legacy of the pandemic". In this Bill, an employee is eligible to request to work from home as long as they've been in the job for more than six months. They could also be entitled to this from day one if the employer is on board. All workplaces now must have a written statement that sets out the company’s remote working policy. These requests can be denied on these grounds:

• The nature of the work not allowing for the work to be done remotely
• Cannot reorganise work among existing staff
• Potential negative impact on quality
• Potential negative impact on performance
• Planned structural changes
• Burden of additional costs, taking into account the financial and other costs entailed and the scale and financial resources of the employer’s business
• Concerns regarding the protection of business confidentiality or intellectual property
• Concerns regarding the suitability of the proposed workspace on health and safety grounds
• Concerns regarding the suitability of the proposed workspace on data protection grounds
• Concerns regarding the internet connectivity of the proposed remote working location
• Inordinate distance between the proposed remote location and on-site location
• If the proposed remote working arrangement conflicts with the provisions of an applicable collective agreement
• Ongoing or recently concluded formal disciplinary processes.

"These 13 reasons are so broad," says Karen. "Any company can really cite one of these and get out of offering types of work. The companies that do embrace flexible work are the companies that are going to attract the best talents. "The latest CSO said that over 90% of young people want to continue to work remotely. Employers need to sit up and say, 'if we want the best people out there, this is what we're going to have to do.' It is now an employees' market." According to Employflex, the majority of young people in the Irish workforce are looking for a hybrid scenario, with many older workers wanting to continue from home. Karen says that working from home removes the "barrier of geography" and is "breathing life back into towns and villages in Ireland that had been sucked dry when young people left." With working from an office no longer a "necessity", the drive to go into the office a few days a week is more focused on the social aspect for younger workers. "Fully remote, it's tough, especially for young people who haven't established themselves in an organisation or a company," Karen explains. "For a lot of young people, there's a very much a social element to going into work, so it can be tough on them. I think it's different for people who are well established in their careers and are more senior. It's easier for them to work fully remote. "But for younger people starting off in their careers, it's going to be a very challenging. So that's why I think hybrid is the best scenario, where you're also able to collaborate and work together and learn from your peers and your seniors as well on the job."