First-ever award for breach of remote-working legislation

For the first time since its introduction, an employee has won compensation for a breach of the Work Life Balance and Miscellaneous Provisions Act 2023. 

Details of the case

The employee, who was working as a recruiter for Salesforce, had previously relocated from Dublin to the west of Ireland in 2023 under a remote working agreement that was approved by his managers. The employee stated that the move was made for personal reasons.  

Subsequently, eleven months after relocating, the worker’s line manager informed the team that everyone would have to attend the office three to four times a week. As such, the employee in question submitted a formal remote-working request under the Work Life Balance and Miscellaneous Provisions Act 2023. 

The recruiter listed multiple reasons for the request, such as the 550km daily round-trip commute that would be required, and their proven history of consistent performance in a remote capacity.  

Under remote working legislation, employers are legally required to respond within four weeks of the request being submitted, either with a final response or a request for more time. In this case, however, Salesforce failed to meet this deadline and responded over a month later, requesting further time to make their decision. The final decision, a rejection of the request, was made six weeks and four days after the request had initially been submitted. 

When brought before the Workplace Relations Commission (WRC), the WRC adjudicator on the case found that Salesforce had failed to respond to the employee’s request within the four-week period set out in remote working legislation. The company was directed to pay €1000 to the employee for the breach. 

It is important to note that the WRC were not investigating the employer’s decision itself, or the reasons behind that decision, but instead were assessing the employer’s compliance with the deadlines and obligations set out in the Work Life Balance and Miscellaneous Provisions Act 2023.  

What do I need to know as an employer?

As an employer, you are not legally obligated to grant remote working to your employees when they request it. You are, however, legally obligated to take that request into consideration and to respond within a pre-determined timeframe. Every business will have varying business needs, and remote working may or may not be an option for your business.  

It is crucial to be aware of these obligations and to be prepared for any remote-working requests that may come your way. Familiarising yourself with current legislation and ensuring that your line managers are also informed and prepared, is the first step to compliance.