Keeping pace with increasing regulation a challenge for employers
2022 was an exceptionally busy year for employment rights. The legislative agenda for 2023 means that it will remain a challenge for employers to keep pace with the increasing regulation of the employment relationship.
We set out below an update on how proposals have been progressing.
Work Life Balance
The Work Life Balance Directive was due to be transposed into Irish law by 2 August 2022. While this deadline was missed, the Work Life Balance and Miscellaneous Provisions Bill 2022 (the WLB Bill) is expected to be enacted soon. The main changes to be introduced by this WLB Bill are as follows:
1. Right to request remote working
The Right to Request Remote Work Bill 2022 has been integrated into the WLB Bill and has seen significant amendment from that initially proposed early last year.
Under the WLB Bill, all employees will have a right to request remote work. An employer will be required to consider such requests in accordance with its needs, the needs of employees and a new Code of Practice to be developed by the WRC.
The WLB Bill removes the statutory requirement for an employer to have a remote working policy but provides that guidance will be set out in the aforementioned Code of Practice.
2. Right to request flexible working arrangements for parents and carers
The WLB Bill includes a right for employees with children, and those with caring responsibilities to request flexible working arrangements. Employers in receipt of such requests must consider the request in accordance with its needs and the employee’s needs and must provide reasons if refused.
Crucially, the WLB Bill clarifies that in hearing claims relating to requests for remote or flexible working, the WRC/Labour Court may not assess the merits of a decision reached by an employer.
3. Paid domestic violence leave
The WLB Bill provides for the introduction of 5 days paid domestic violence leave over a 12-month period.
4. Unpaid leave for medical care purposes for parents and carers
The WLB Bill will introduce an entitlement to 5 days unpaid leave over a 12-month period to provide personal care/support to a care recipient for serious medical reasons. This entitlement is in addition to existing statutory entitlements to carer’s leave and force majeure leave.
5. Amendments to the Maternity Protection Acts
The WLB Bill will extend the period during with there is an entitlement to breastfeeding breaks from 26 weeks to 104 weeks. The WLB Bill also provides for the extension of maternity leave entitlements to transgender men.
Whistleblowing
The Protected Disclosures (Amendment) Act 2022 came into effect on 1 January 2023. In transposing the EU Whistleblowing Directive, it significantly expands the protection afforded to whistleblowers and the obligations of employers.
Of particular note is the obligation for certain employers to have a whistleblowing procedure in place and the significant detail as to what this procedure should include.
At the 2023 Ibec Employment Law Conference, “The age of change – keeping pace with increasing regulation of the employment relationship” our team of expert speakers, will provide practical guidance and advice on these changes and more. I encourage you to join us at the new Royal Dublin Convention Centre on 20 April by booking online here.
Nichola Harkin, Ibec Head of Employment Law Services
