Flexible working complaints to WRC are on the rise: What do employers need to know

Back in April 2023, employees gained the ability to request remote and flexible work under the Work Life Balance and Miscellaneous Provisions Act 2023.

The ‘Code of Practice for Employers and Employees on the Right to Request Remote/Flexible Working’ sets out clear guidelines on how employers should handle these requests.

But, with WRC flexible working complaints on the rise, it’s more important than ever for employers to know exactly what procedures to follow to stay in line with the statutory code and protect their business.

So, what do you need to know as an employer to stop flexible working complaints from escalating to the WRC? And how can you navigate remote working requests effectively? Read on to find out…

How do I navigate flexible working requests effectively?

Handling flexible working requests can be tough, but with the right approach, you can manage them smoothly. The first thing to do is to familiarise yourself with both the Act and the WRC Code of Practice.

Next, evaluate how the request could potentially impact your business. Consider how your team might collaborate, overall productivity, and interactions with clients. It’s also important to consider why an employee is making the request in the first place.

It’s important not to ignore your employees' reasons and needs for requesting flexible working. In a recent WRC case against TikTok a staff member claimed her employer has “completely disregarded” her needs by denying her request to work from home.

The case was later dismissed by WRC because it was deemed clear from the evidence that Tik Tok had dealt with the request fairly and taken the employees concerns very seriously. They had done this by offering an evidenced-based case that employees returning to the office on a hybrid basis resulted in a company-wide increase in productivity and accuracy.

This case is a key cautionary tale for employers as it highlights the importance of responding in the correct way to avoid escalation.

For instant advice on this topic from HR experts ask our AI advice tool Brainbox: Can an employer deny a request for flexible working?

Who has the right to request flexible working?

While your employees have the right to request flexible working arrangements under the act from their first day at a new job, they must have been employed for 6 months before an approved flexible arrangement can start.

To make a statutory request for flexible working arrangements under the act an employee must be:

• The parent of a child under 12 years old. Or the parent of a child under 16 years old if that child has a disability or illness and they are the primary caregiver.
• The personal carer of a child, spouse, civil partner, cohabitant, parent, grandparent or sibling for serious medical reasons.

When considering a remote work request employers must comply with the steps in the Code of Practice and document all steps taken when considering a remote work request. This can help demonstrate that you have considered the request appropriately.

It’s important to maintain open and transparent communication with employees about the decision-making process and the reasons behind any refusals.

Flexibility can lead to higher job satisfaction and retention, which could benefit your business if you decide it’s right for you.

Why is considering flexible working so important for business owners?

Data from a recent LinkedIn survey shows a high demand for flexible working arrangements in Ireland, ranking second in Europe for hybrid (37.8%) and remote (8.4%) work opportunities. But the availability of these positions is becoming increasingly scarce.

Hybrid positions attract 2.5x more applicants than full-time office positions, meaning employers can attract highly skilled candidates and tap into a much larger talent pool by considering flexible options for their workplace.

While flexible working isn’t right for every organisation, considering each proposal carefully can have significant benefits for both your business and employees and can help avoid potential fines from the WRC.

Need more flexible working support?

Handling flexible working requests by yourself can feel daunting. But it’s vital if you want to avoid WRC claims and reputational damage.

For expert support on this topic, call your BrightAdvice team today: 1800 266 711

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