Albert Dolan (Galway East, Fianna Fail)
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374. To ask the Minister for Enterprise, Trade and Employment the options open to employees where employers are seeking to curtail remote working for existing employees, especially where employees have purchased homes in rural areas on the basis of a legitimate expectation of being able to work remotely; whether such attempts at curtailment could be tantamount to constructive dismissal as commuting long distances may make an employee feel their position is untenable; and if he will make a statement on the matter. [51446/25]

Alan Dillon (Mayo, Fine Gael)
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The right to request a remote working arrangement for all employees was commenced through the Work Life Balance and Miscellaneous Provisions Act 2023 on 6 March 2024.

Under the Act, employers are obliged to consider such a request having regard to their needs, the employee’s needs, and the requirements of the Code of Practice. Employees have recourse to the Workplace Relations Commission if the employer fails in this duty. The Code of Practice on the Right to Request Remote Working provides practical guidance to employers and employees throughout the application process.

Under the Act, an employee can apply for a remote working arrangement in writing to their employer. The employer must respond to the application in writing either approving the request and preparing a remote working agreement, or refusing the request and providing reasons for the refusal.

The Act provides a right to request and not a right to remote work. The decision remains with the employer, and it is not for Government to dictate the terms or operation of the employer employee relationship. The obligation on the employer is to comply with the requirements of the Act.

The legislation also makes provision for employers and employees to agree changes to remote working arrangements after it has been agreed between the employer and employee. The arrangement may be postponed, the period of the arrangement may be curtailed, and the form of the arrangement may be varied once both parties agree to the changes in writing.

The Act also provides that the employer may terminate a remote working arrangement in certain circumstances. An employer can terminate an approved remote working arrangement where they are satisfied that it is having or would have a substantial adverse effect on the operation of their business. Employers are required to consider the employee’s needs when making a decision to terminate the arrangement and are also required to have regard to the Code of Practice when making a decision to terminate a remote working arrangement.

The purpose of the Unfair Dismissals Acts are to protect employees from being unfairly dismissed from their employment by laying down criteria by which dismissals are to be judged unfair and by providing an adjudication system and redress for an employee whose dismissal has been found to be unfair.

Constructive dismissal occurs when an employee terminates their contract of employment, with or without prior notice, due to the conduct of their employer. The employer's conduct, however, must have been such that it would have been reasonable for the employee to terminate their contract without giving notice. In a constructive dismissal claim, the employee must demonstrate that they are justified in their decision and that they had no option but to terminate their contract.

If an employee believes that their employer has contravened the Unfair Dismissals Acts, they may refer a complaint to the Workplace Relations Commission for resolution.