First WRC Award in Right to Request Remote Working claim
The Workplace Relations Commission (WRC) has issued its first award under the Work Life Balance and Miscellaneous Provisions Act 2023, and it's a timely reminder for employers across Ireland.
Although multiple claims had previously been submitted to the WRC under this legislation, all were unsuccessful prior to this case.
This ruling saw the Employer, Salesforce, ordered to pay €1,000 to an employee for failing to respond to a formal remote working request within the required statutory timeframe.
What Happened?
The case involved an employee with Salesforce since 2021, who had relocated to the west of Ireland with employer approval. An informal agreement was in place to allow him to work remotely, attending the office only as needed.
In May 2024, the employee was informed that he would now be expected in the office 3–4 days per week. In response, he submitted a formal request under the 2023 Act to continue working remotely, citing:
· A long-distance daily commute (550km round trip),
· Family reasons tied to his partner’s job,
· His track record of successful remote working,
· And inconsistent application of return-to-office policies within the company.
Salesforce missed the four-week response deadline set out in the Act, eventually replying after more than six weeks—prompting Mr Farrell to lodge a complaint with the WRC.
What Did the WRC Say?
Because the WRC received the complaint before Salesforce issued their late response, it did not evaluate whether the company had good grounds to reject the request. The Adjudication Officer, Breiffni O’Neill, focused solely on the delay in responding.
The WRC found the complaint well-founded, citing:
· No compelling reason for the delay,
· The importance of employers respecting statutory timeframes,
· And the company’s explanation of “human error” as insufficient.
While acknowledging that the delay was relatively short, the WRC still awarded the employee €1,000 in compensation.
What Does This Mean for Employers?
This case serves as a clear warning to employers: delays in processing formal flexible or remote work requests can lead to WRC penalties, even if the request is ultimately declined.
Key takeaways for Irish SMEs:
Respond within four weeks: The 2023 Act gives employers a maximum of four weeks to respond to a formal remote working request. This may be extended to eight weeks only if the employee is notified within the initial four-week period.
Document your process: Keep clear, written records of remote work discussions and decisions. Informal arrangements aren’t enough under the new legislation.
Apply policies consistently: Perceived inconsistency in remote work policies can increase the risk of challenges, especially when some employees are allowed more flexibility than others.
Avoid ‘human error’ excuses: WRC adjudicators will expect a robust explanation for any delays or oversights. Process failures, even if accidental, won’t be accepted lightly.
Need Help Navigating the Remote Work Landscape?
As the remote and hybrid working landscape continues to evolve, so too do the risks for employers. The first WRC award under the Work Life Balance and Miscellaneous Provisions Act 2023 makes it clear: procedural compliance matters.
At MSS The HR People, we support Irish Companies in managing flexible work requests fairly and compliantly. From drafting policies to responding to formal applications, we help you stay one step ahead.
If you’d like support reviewing your remote work policies or preparing for future requests, get in touch, we’re here to help.
PH: 018870690 / info@mssthehrpeople.ie
