Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

These amendments seek to amend the process around termination due to seasonal variations in the volume of work. We had a good discussion about this with Senator Higgins on Committee Stage. I set out my view as to why these amendments are unnecessary at that point. The provisions of the Bill do not preclude employees from making a request for a follow-on flexible or remote working arrangement to commence once the period of seasonal variation concludes.

I would make two further points about these amendments which reflect the discussion we had on Committee Stage. I appreciate that the Senator is proposing that a flexible or remote working arrangement should automatically revert where it is terminated on account of seasonal variation in the volume of work.However, there are some circumstances where that automatic reversion could be to the employee's detriment. For example, where the employee finds the original pattern of work is working well for her or him and wishes to remain in that pattern. If a reversion to the flexible or remote working arrangement were automatic, then the employee would be forced to apply to revert to the original full-time pattern, with no guarantees. The Bill has been drafted in a way that gives employees the choice to make a request for follow on, flexible working, or remote working relation agreements should they so wish. In such cases where employers have already proven themselves amenable to flexible working by virtue of the fact they approved the initial arrangement, there is really no reason to believe they will not fairly consider a follow-on application.

In addition, where seasonality is a predictable part of the work cycle there is nothing to preclude an employer or employee from agreeing an approach as part of the flexible working agreement that recognises there will be some months where the flexible working agreement does not apply. For example, this can be built in for months like December because of the Christmas rush.

The second point relates to the assertion on Committee Stage that seasonal variations are being used in such a way as to make termination the norm. I want to be clear about this. The termination provision cannot be used for trivial reasons. I want that on the record. It can only be used where an employer is satisfied that the arrangement is either having, or would have, a substantial and adverse effect on the operation of the business. As part of this process, an employer is required to consider the needs of the employee as well as business needs when making a decision. They must abide by the code of practice. Employers must be able to stand over the reason for termination, including where the reason is for seasonal variation in the volume of work. They are required to provide the employee with written notice detailing the grounds. Employees have a right to make representations to the employer regarding an employer's proposal to terminate an agreement. They can also make a complaint to the Workplace Relations Commission, if they believe their employer has not fulfilled its obligations under this section. I do not expect to see a significant number of terminations for seasonal reasons. However, if it were to emerge as an issue when the legislation is in place, that can be looked at in the context of the review we know will be taking place.