May 03, 2022
Employers and managers in the civil service are being encouraged to support hybrid working wherever possible and this relates to 40 organisations, employing up to 40,000 workers. It is hoped that the scheme will be rolled out by the middle of the year.
This development follows on from the Cabinet agreeing in January 2022, the Heads of Bill for the new remote working legislation - the Right to Request Remote Working Bill 2022. The Bill puts a legal framework around which requesting, approving or refusing a request for remote work can be based. Any employee with 6 months employment can submit a remote working request. Once a request has been submitted, an employer must respond with its decision within 12 weeks. There is a full list of 13 reasons for declining a request. A request can be appealed to the Workplace Relations Commission (WRC) and compensation could apply to an employee, in the case of an employer being ruled against.
In late April, the Cabinet agreed to introduce the “Work-Life Balance Bill” which commits to introduce the elements of the EU Directive on Work Life Balance for Parents and Carers. One proposal outlined in the Bill is an entitlement for carers or parents to request flexible or compressed work hours.
But despite this, are employers and employees embracing remote and hybrid working?
The interest in remote and flexible ways of working is strong amongst employees. A recent survey from the Central Statistics Office reveals that 90% of those aged between 35 and 44 years who could work remotely would like to do so when the Covid-19 pandemic restrictions end. The survey also highlights that 58% of those not in employment would consider taking a job if it could be done remotely. Employers will need to weigh this up with the needs of the business as well as the health and safety considerations, and in the context of a highly competitive labour market where the resourcing and retention of talent are key priorities.
In April, it was reported that some of the multinational tech firms, such as Google and Apple, are asking employees to return to the workplace, with employees being expected to spend a minimum of two or three days each week in the office. This appears to be a climb-down from the initial indications that they supported fully remote working on a longer-term basis.
The Adare HR Barometer Report 5.2 from November 2021 highlighted that three days per week was the average that employees are expected to attend the workplace. The same report highlighted that employer enthusiasm for hybrid working had plummeted since the phased reopening of workplaces began in late 2021. Our research revealed that only a quarter of employers (26%) believed hybrid working was benefitting their organisation, compared to almost eight in ten (78%) in our previous HR Barometer Report 5.1 in March 2021.
Obviously remote and other flexible ways of working suit certain roles and sectors and therefore will not necessarily be a blanket decision for all employers. Nonetheless, it appears that remote and flexible working practices are here to stay and there are ways of making these arrangements work for many more employers and employees, with clear policies, engagement and communication being vital to avoid claims of potential discrimination or unequal treatment.
With the Right to Request Remote Working Bill 2022 expected to be enacted by the summer and the Work-Life Balance Bill expected to be passed ahead of the summer recess, in anticipation of likely remote and other flexible working requests, it is critical that employers determine which arrangements are suitable for their business model and/or for certain roles within the Company. Time should be taken to communicate with employees and develop policies which clarify arrangements in respect of the remote and other flexible ways of working being offered - which address the needs of the business, and which ensure such requests are treated in a consistent, equitable and transparent manner.