Ms Maeve McElwee:

It can be difficult to put those types of provisions in legislation because it comes down to what the cut-off period would be or what the circumstances are. However, they can be worked into organisation-level policies in an effective way or they can be addressed in codes of practice. There are times when challenges arise and when employers may want to deviate from the legislation in favour of the employee. It is not possible to deviate when it is something that would adversely affect the employee. Head 7 of the general scheme states:

For the Purposes of this Act, an employee, in the same or substantially similar employment position following a previous request ..., shall not be entitled to submit a new request ... until after 12-months’ continuous service following ... the employer’s final [response].

This is only in the case of “the same or substantially similar employment”, so that already provides for the fact that circumstances may change.