International Employment Lawyer
The code stipulates that employees are able to request remote working from their first day of employment, but they are required to work at that company for six months before the arrangement can begin. It also asks employers to take both business and employee needs into account when considering this request.
GQ|Littler’s Barry Reynolds agrees that the new code of practice “is not a seismic change. It stops well short of guaranteeing new work patterns or remote work.”
“What may be more relevant is existing law. The WRC has occasionally granted awards regarding refusals of remote work requests. It did so lately where a refusal constituted discrimination. Employees may be drawn to claims which focus on the merits of the request.”
Fortunately for employers, Reynolds says the code will not require significant changes for many organisations.
“Employers who have developed hybrid models can generally keep them. In many cases minor edits will suffice. Employers without existing written policies don’t need to introduce one right away. However, it is advisable in setting a framework and expectations. Not all roles are suitable for remote working,” he says.
