A code of practice for the right to request remote working is to be strengthened as part of a review by the Government.
The Department of Enterprise is to recommend that the Workplace Relations Commission (WRC) revises the code to ensure employers give comprehensive and transparent reasons for their remote working decisions.
The proposed changes would also see the code providing clearer templates and guidance for employees applying for remote work.
The review found that less than half of all employees in Ireland were aware that there is a formal, legal right to request a remote working arrangement, which means that for a majority of the Irish workforce, the statutory right remains unknown.
Minister for Enterprise Peter Burke said the Government wants to know the rationale and reasons as to why remote working is being refused.
Speaking on RTÉ's Morning Ireland, he said that not every job will allow remote working, but, he said, "we have to hive out opportunity that gives people a better quality of life".
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The right to request remote working came into force in March 2024 which obliges employers and employees to have regard to the WRC code of practice when considering applications for remote working arrangements.
Workers can take a case to the WRC if they believe their employer has failed to fulfil their obligations under the code.
At the end of last year, the Government ran a public consultation seeking views on the right to request remote working which received 8,181 responses.
As well as the public consultation, the findings of the review were informed by a nationally representative survey of employees and employers.
The study found that 94% of remote working requests were approved, fully or in part, and employers reported minimal administrative burden.
Low awareness
The data shows that 48% of all employees in Ireland were aware that a formal, legal right to request a remote working arrangement had been introduced in March 2024.
"This means that for a majority of the Irish workforce, this statutory right remains unknown," the review found.
"With less than half of the employee population, and significantly fewer in rural areas, aware that this formal right exists, the legislation's potential impact is constrained," according to the report.
To address this awareness gap, the Department of Enterprise has said it will commence a targeted national information campaign to increase knowledge and understanding of the right to request remote working.
"A national awareness campaign will help ensure workers and employers across the country become aware and understand that the right exists," said Minister of State for Small Business, Retail and Employment Alan Dillon.
'Toothless Tiger'
The responses from workers to the review showed a perception of the legislation as a "toothless tiger" that is weighted in favour of the employer.
Concerns were expressed over the wide scope of employer discretion to refuse a request based on subjective "business grounds," and the absence of a clear, independent, and merits-based appeals process to challenge a decision.
Employees called for the process of decision-making to be more transparent, objective, and accountable.
"A tension exists between the employees' right to request and employers providing blanket justifications for denials," the report found.
"The representatives shared the view that the current framework allows employers to circumvent substantive engagement by providing generic refusals.
"In terms of areas for improvement, there was consensus among representatives that a greater onus should be placed on employers to provide clearer grounds for refusal, justified with objective criteria and evidence rather than broad business interests," according to the review.
"The recommendations within the report will ensure that the right to request remote work is transparent and understood by both employers and employees, contributing to an attractive labour market and a competitive, future‑focused business environment," Minister Burke said.
Just one case upheld
As of the end of January, the WRC had received 70 remote working complaints and 39 have been closed.
Just one has been upheld; 12 were rejected, five were resolved by mediation and 21 were withdrawn.
The remaining 21 complaints are awaiting a hearing and/or a decision by an Adjudication Officer.
The review paints a picture of a divided landscape, where access to remote work is heavily influenced by an employer’s size and sector.
For a substantial portion of the economy, particularly smaller businesses and those in sectors like construction and hospitality, remote work is not considered a viable option.
"This creates a structural divide, meaning a significant segment of the workforce is automatically excluded from the potential benefits of this legislation, not by policy or choice, but by the practical nature of their work," the review found.
Last month the Labour Party, as well as a number of trade unions and campaign groups, called for stronger legislation that would guarantee a right to remote working, as opposed to a right to request it.
However this review states that providing a right to request strikes the right balance between flexibility and the need for businesses to remain competitive, profitable and viable.
"It is considered that the right to request does not interfere with the operation of a business and, in this context, the Government has also been consistently clear that it cannot dictate terms agreed between an employee and employers," the review found.
'Out of touch'
The Irish Congress of Trade Unions said the review was "out of touch with reality" after it concluded that no legislative change is deemed necessary.
"The review's 'too soon to tell’ conclusion on whether the Act needs amending confirms what unions strongly suspected going into the evaluation process - it was being done to tick a box so that the issues around access to remote can be put to bed," said ICTU Social Policy Officer Dr Laura Bambrick.
"Unions and the thousands of people who responded to the review in good faith won’t be fobbed off with an awareness raising campaign and tweaks to the Code of Practice.
"The genie is out of the bottle on remote working. For too many their right, as currently legislated, is failing to deliver, as the close to 0% success rate for WRC cases taken by employees makes abundantly clear," Dr Bambrick said.
She added: "This two-year review was a requirement of the Act, included at the insistence of unions to ensure the legislation is fit for purpose, following a failed first attempt by the department to legislate and a very public backlash requiring them to start over."
