New Codes of Practice for Employers and Employees on the Right to Request Flexible and Remote Working

March 21, 2024

In this article we will outline:

  • The purpose of the WRC Codes of Practice regarding remote working
  • Examples of what constitutes remote working
  • Details of what the Remote Working request should include
  • Details of what the employer should include in their response



The WRC has now published the long-awaited Codes of Practice for Employees on the Right to Request Flexible Working (FW) and Right to Request Remote Working (RW).


 

The purpose of these Codes is to provide practical guidance to employers, employees and any other persons as to the steps that may be taken for complying with requests for both remote working and flexible working.


 

These Codes were produced under the Work-Life Balance and Miscellaneous Provisions Act 2023, which also brought about a number of other changes in the last year, including Domestic Violence Leave and Leave for Medical Care Purposes.

 


While a Code of Practice is not legislation and failure to comply with the code is not an offence in itself, the Code of Practice is admissible in evidence in the Labour Court or to an Adjudication Officer of the WRC, and an employer’s compliance will be considered when determining any case before it.

 


Specifically, the purpose of the Code is to:

 

  • set out the detail of the processes regarding making and managing requests for flexible working (FW) and remote working (RW) including when changes are sought or made to the agreed arrangement;
  • support employers in objective, fair and reasonable decision-making when considering requests for FW or RW;
  • offer practical guidance on best practice to employers, employees and/ or their representatives to ensure compliance with the legislation;
  • assist in developing workplace policies and procedures for dealing with flexible working and remote working requests so as to provide clarity, transparency and consistency for both employees and employers;
  • provide guidance for the resolution of disputes in relation to requests for FW or RW insofar as it relates to the processing of the requests;
  • provide information to the public in relation to the relevant enactments.


 

FLEXIBLE WORKING (FW)


The Code of Practice defines and sets down a number of examples of what constitutes Flexible Working, including; Part-time work; Term-time work; Job-sharing; Flexitime; Compressed working hours and Remote Working.

 

 

REMOTE WORKING (RW)  


The Code of Practice outlines that all employees have the right to request Remote Working, which was defined in the Work Life Balance Miscellaneous Provision Act 2023 as, an arrangement whereby some or all of an employee's work is carried out at a place other than the employer’s place of business without change to the working hours or duties.

 

In order for an employee to make a statutory request for FW they must have six months continuous service and must be;

 

  • the parent or acting in loco parentis to a child under 12 years of age or under 16 years if the child has a disability or illness and who is or will be providing care to the child, or

 

  • providing or going to provide personal care or support to a specified person namely the employee’s child, spouse or civil partner, cohabitant, parent or grandparent, sibling or a person other than one in the categories already specified who lives in the same household as the employee. The person must also be in need of significant care or support for a serious medical reason.

 


The Right to Request RW


All employees have the right to request remote working from the first day of the employment; However, as with FW, the employee must complete a minimum of 6 months continuous employment before the request can be approved, and the arrangement can start.

 

MAKING THE REQUEST


Both Codes outline that the employee must submit a request for RW or FW to the employer in writing, signed by the employee and at least 8 weeks before the proposed starting date.

 

The request for Remote Working must set out

  • details of the RW arrangement i.e. how many days and which days

requested; and

  • the proposed starting and end date of the arrangement, if relevant;

and

  • the reasons for requesting RW.

 


A request for Flexible Working for caring purposes must include the following information to help the employer with the decision-making process:

  • the form of FW being requested;
  • the proposed starting date;
  • and proposed duration of the FW arrangement.

 


As an employer can ask an employee for any additional information that they may reasonably require about the person in need of care, employees are encouraged to include the following relevant documents and/or information with their original application so as to expedite the process:

 

  • details of whom the request for FW for caring purposes is in respect of i.e. a child or specified person;
  • a copy of the child’s birth certificate or certificate of placement from a registered adoption agency or Tusla (the Child and Family Agency)

 


RIGHT TO A RESPONSE


When an employer receives a request for either RW or FW they must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request.

 


The response must

  • Approve the request; and provide an agreement signed by the employer setting out the relevant details
  • Provide notice in writing refusing the request and setting out the reasons as to why the request was refused
  • Give written notice that more time is needed to assess the request, setting out the timeframe for a response

 


When considering a request for both RW or FW the employer must have regard to the needs of the business and the needs of the employee. The Codes helpfully outline a number of factors which an employer may also take into account including; the type of work; key duties, access to equipment, how manual the role is; requirement for face to face engagements and the affect the FW or RW would have on the service quality or organisational operations including the number of staff on leave or on FW or RW arrangements already.

 


The Codes provide protection of employees from penalisation for making a request and sets out the requirement for record keeping is three years for approved FW arrangements and one year all notices either given or received by the employer, and failure to keep these records is liable on summary conviction to a fine of €2,500.

 


Key Takeaways


Employers will need to ensure that they can show that they have fully considered the requests received by the employee, that their policies reflect the Codes of Practice and that they have evidence to show that they have adhered to them.

 


For advice and guidance on implementing these Codes of Practices in your workplace, contact the team at MSS The HR People. 


Author:

Tara Daly

Managing Director, MSS

International Hiring: A Growing Solution for Irish Employers

By Tara Daly • May 19, 2026
Irish employers are increasingly turning to international hiring as a solution to ongoing skills shortages. This trend is particularly evident in sectors where local talent is limited and demand continues to grow. Why employers are looking overseas Common drivers include: • Difficulty filling specialist roles locally • Business expansion and growth • Increased competition for talent International hiring can provide access to a wider talent pool and support long-term workforce planning. The challenge While the opportunity is clear, the employment permit process can be complex. Employers often underestimate: • The level of detail required in applications • The importance of aligning with eligibility criteria • The potential for delays or refusals Where the process is not managed properly, the impact can be significant. Roles remain open for longer, business plans are affected, and onboarding timelines move further out than expected. Getting it right A structured and informed approach is essential. This includes: • Understanding the appropriate permit type • Ensuring the role meets eligibility requirements • Preparing a clear and robust application Where employers take the time to position the role properly and support the application with strong documentation, the process is far more likely to run smoothly. Key takeaway for employers International hiring can be a highly effective solution, but only where the permit process is managed correctly. Approached properly, it enables businesses to secure the talent they need to grow and succeed with greater certainty and less disruption. If you would like advice or support with the employment permit process, our team would be happy to assist. info@mssthehrpeople.ie | 01 887 0690

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By Tara Daly • May 5, 2026
Delays in employment permit applications are a frequent frustration for employers. Many assume the issue lies with processing times or administrative backlogs. In reality, the most common cause of delay is something else entirely. The real issue: misalignment The number one reason applications are delayed is misalignment with the eligibility criteria. This can include: • Roles that are not clearly defined • Job descriptions that do not match the required skill level • Weak or generic supporting information On the surface, an application may appear complete. However, if it does not clearly demonstrate eligibility, it is likely to encounter delays or queries. Why this happens Employers often approach the process as an administrative task. In practice, each application is assessed on its merits, and clarity is critical. How to avoid delays To reduce the risk of delay: • Ensure the role clearly meets eligibility requirements • Align job descriptions with the actual duties and level of the role • Provide strong, specific supporting information It is also important to review the application from the perspective of the decision-maker. If the application leaves room for doubt, it is far more likely to be delayed while clarification is sought. Key takeaway for employers Employment permits are not delayed because of missing forms. They are delayed because the application does not clearly meet the criteria. Understanding how your application will be assessed is essential, particularly where timelines are already under pressure and the business needs certainty around a key hire. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690

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By Tara Daly • April 28, 2026
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April 9, 2026
WRC Reference: ADJ-00057077 / 11 th March 2026 A recent decision of the Workplace Relations Commission (WRC) has highlighted the importance of fair procedures, genuine consultation, and meaningful engagement in redundancy processes, particularly where senior executives are involved. Background The Complainant was employed by the Respondent for over 24 years, beginning in 2000. Over the course of her career, she progressed to the senior role of Managing Director, EMEA GLT, with a base salary of €275,000, alongside bonus and equity participation. In mid-2024, the Complainant’s role was significantly altered following an internal restructuring. She alleged that this amounted to an effective demotion, with key responsibilities removed without consultation or warning. Shortly afterwards, the situation escalated. The Complainant was placed on sick leave and raised a formal grievance regarding the changes to her role. That grievance was not upheld, and the appeal outcome confirmed the employer’s position. In October 2024, the Complainant was informed that her role was at risk of redundancy. A consultation process followed, during which she was placed on garden leave. Despite raising concerns and requesting further clarity around her role and terms, her employment was ultimately terminated by reason of redundancy in November 2024. The Complainant subsequently brought a claim for unfair dismissal. WRC Findings The Respondent conceded at the hearing that the dismissal was unfair. The Adjudication Officer noted that the Complainant had been employed in a very senior position for over two decades and had progressed through multiple promotions, ultimately holding a Managing Director role. It was accepted that significant changes had been made to her responsibilities prior to the redundancy process, which formed part of the broader context leading to the breakdown in the employment relationship. While a redundancy process was carried out, the key issue before the WRC was the fairness of the overall dismissal. Given the Respondent’s concession, the WRC found that the Complainant had been unfairly dismissed. Decision The WRC upheld the complaint of unfair dismissal and awarded the Complainant €142,984 in compensation A separate complaint relating to notice was rejected on the basis that statutory notice had already been included in the termination payment. Key Takeaways for Employers This decision highlights several important points for employers, particularly in the context of senior-level restructurings: Role changes must be handled carefully, particularly where they may amount to demotion in practice. Consultation must be genuine and meaningful, even at executive level. Grievances should be addressed thoroughly and fairly before moving to redundancy. Redundancy processes must be clearly separated from performance or role disputes. Senior employees are entitled to the same procedural protections as all employees. Even where restructuring is commercially justified, employers must ensure that process and communication are properly managed to avoid unfair dismissal findings. Conclusion This case serves as a reminder that long service and seniority do not reduce the employer’s obligations under employment law. Where role changes, grievances, and redundancy processes overlap, employers must take particular care to ensure fairness at every stage. Failure to do so can result in significant compensation awards, as demonstrated by the €142,984 award made in this case. Tara Daly