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  3. Remote working - grounds for refusal do not strike a balance

Remote working - grounds for refusal do not strike a balance

January 25, 2022
Online learning

Responding to the expected publication of the right to request remote work Heads of Bill, Irish Congress of Trade Unions general secretary Patricia King said: “It took a pandemic to fully awaken us to the potential for remote working. While working from home has been fraught for some workers, for the vast majority it has been a positive experience and there is now a big demand for legislative access to such flexible working arrangements.

Working from home or remotely from another location close to home, such as a rural hub, has many advantages for workers’ quality of life, for businesses, communities, and the environment.  
“That is why ICTU was first to call for legislation requiring employers to give justifiable reasons why they cannot concede a worker’s request to work remotely, bringing us into line with long-established employment law in European peer countries.”
Ms. King added: “It is imperative that the legally defined criteria for refusal balances the practical needs of the employer and the needs of the employee, as is the case in existing workers’ rights legislation. 

“The litmus test for this legislation is whether workers have confidence that it compels employers to be fair, reasonable, and consistent in their considerations.
“The 13 sweeping and subjective criteria published today do not strike a balance between employer and employee needs".  

They duplicate and extend on the 8 business reasons for refusing a request contained in current UK legislation. Reasons which have been found to allow employers to retain and use their unfettered ability to turn down requests for remote working and which are now subject to review. 

“ICTU will continue our engagement with TDs and Senators as the Bill makes it passage through the Oireachtas to make it fit for purpose.”
 

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