Publication of 'Making Remote Work' - a National Strategy on Remote Working
Over ten months later, remote working remains in place for large proportions of the Irish workforce. Whilst this predominance of remote working was necessitated by public health restrictions, both employers and employees alike now recognise the many benefits to this way of working. And undoubtedly, it is here to stay. Ibec research conducted in September 2020, found that an average of 42% of workforces across Ibec member companies were working remotely five days a week. This research also found that hybrid working was the preferred model of remote working for the future.
Remote working was already gaining traction before 2020 as an initiative with the potential to contribute to a wide variety of agendas including labour market participation amongst underrepresented groups, environmental impact and sustainability, regional growth and accommodation pressures. The then Department of Business, Enterprise and Innovation published a research paper in December 2019 which identified these and other benefits. The report also identified key factors which would impact on the extent to which these benefits could be realised. These included the need for guidance on key areas such as compliance with equality legislation, health and safety legislation, the right to disconnect, data protection obligations and training. A lack of data on the prevalence and experiences of remote working was also highlighted as an obstacle to implementing impactful programmes. These themes have continued to emerge in the subsequent debates on the future of remote working in this country.
The events of 2020 brought remote working and the associated theme of the ‘Right to Disconnect’ to the forefront of the national discourse on the future of the Irish workplace. A public consultation on Remote working, undertaken by the Department in August 2020, received over 520 written submissions from a broad range of organisations and individuals, including Ibec. The summary and analysis of these submissions, which the Department characterised as ‘largely supportive’ of remote working, was published online in late 2020. The various themes are categorised under different headings in this summary and data is provided to indicate how often the issue was raised. The most common theme across the submissions was the suitability of the current tax relief for e-workers and the potential for financial incentives to support remote working arrangements. The employment conditions surrounding remote working was another common theme, together with concerns on how to best manage health and safety obligations. The information received undoubtedly shaped the subsequent national strategy.
National Remote Work Strategy
The publication of a new national strategy on remote working had been signalled in November 2020. Its publication on 15 January 2021 was of interest to many varying parties due to its broad scope and ambitious timelines.
Drawing on the experiences gained over the previous months of widespread remote working, the strategy captures key themes, opportunities and challenges in the area of remote working. The strategy recognises that it is important not to conflate the experience of remote working during the pandemic with remote working in more normal circumstances. The document also contains discussion of the impact of remote working in key areas such as employment levels amongst persons with disability, gender balance and the impact on productivity.
The ongoing lack of official data to measure remote work engagement outside of the pandemic and remote working from locations other than the home is recognised as an impediment for policy makers.
Themes from the earlier ‘Remote Work in Ireland’ report appear again together with specific actions that Government intends to take. These actions are grouped under three pillars:
- Create a Conducive Environment
- Develop and Leverage Remote Work Infrastructure
- Build a Remote Work Policy and Guidance Framework
Of these three pillars, the first has the most significant impact for the Irish workforce with actions set out in the following areas.
Right to request remote work
The Government intends to introduce legislation to give employees the right to request remote work by Q3 of 2021. Whilst this development is unsurprising given that the positive impacts of remote working have been recognised by employees, employers and government, the strategy does not detail what this legislative entitlement will look like in practice. Interestingly, it does however refer to the Work Life Balance Directive, (which must be fully transposed into Irish law by August 2022) which provides every employee with children up to eight years of age, and carers, the right to request flexible working arrangements. The Directive gives Member States discretion to legislate around the duration of flexible working arrangements and provides that employers “should be able to decide whether to accept or refuse a worker’s request”. It remains to be seen whether the legislative framework for the right to request remote work will mirror some of the features set out in the Directive.
The concern around how organisations can fairly and equitably manage request for remote work had been identified in the 2019 report and the public consultation process in August 2020. Within the strategy document, it states that introducing legislation on this topic will provide employees a framework around which such a request could be based and that this could provide clarity to employers on best practice on dealing with such requests.
The drafting of this legislation will be much anticipated. The lack of a legal or agreed definition of remote working and the background of varying concerns and experiences which the strategy summarises will make this a complex exercise.
Right to disconnect
Work had already commenced in this area, which had been set out in the Programme for Government in Summer 2020. The WRC was tasked with producing a Code of Practice on the Right to Disconnect and had been accepting submissions from the public up to the 22 January. Whilst the working time legislation and by extension, the right to disconnect applies to employees in Ireland, regardless of their work location, this area is most contentious in remote working where employee and employer preferences for flexibility could be impacted by a rigid approach to management of working time.
Ibec submitted to this process and will continue to engage with the WRC as this Code of Practice is being created. The Code is to be produced by end of March 2021. A Code of Practice is not legally binding, however it sets out best practice for employers and employees can be referred to in adjudication and Labour Court hearings under the working time legislation. Many employers have been proactive in this space in the last year, recognising that disconnecting from work is a beneficial for mental health and wellbeing. The new Code of Practice will help to continue this trend of ensuring that employees and employers are managing working time in a healthy balanced manner.
Review tax arrangements for remote working
The existing tax relief for e-workers has been in place for some time and received much attention in the last year as large proportions of the Irish workforce moved to remote working. This area was the most common concern raised in last Summer’s public consultation process. Under the new strategy, the government intends to review the current tax arrangements for remote working for both employees and employers and to assess the potential for enhancements. This action is to be undertaken by Q3 of this year, with potential for inclusion in Budget 2022. The Ibec submission to government for last year’s budget had sought that the e working tax allowance be increased and extended and also that BIK support be provided for employer supported capital spend. Changes in these areas would help to incentivise remote working arrangements.
Ongoing guidance
A centralised resource for guidance on remote working from the various state bodies had been created in late 2020. The strategy confirms that this resource will continue to be updated. A useful checklist for employers is available here along with guidance on key legal obligations in areas such as data protection, health and safety and employment equality. The guidance is available on the website of the Department of Enterprise, Trade and Employment.
The new national strategy on remote working contains other important actions to invest in remote hubs and infrastructure and to explore how the National Broadband Plan can be accelerated. Ensuring that the infrastructure and resources are in place to enable remote working across the country is critical to ensuring the effective roll out of more permanent remote working practices.
The strategy recommends that employers review their own organisations and systems for suitability for remote working. The strategy emphasises the importance of discussion with employees where remote working is facilitated and the importance of a written policy. Ibec members can access detailed advice and a sample policy in the Ibec flexible working toolkit. Ibec will continue to play a key role in shaping and communicating developments in this area to its members.
