Anne O'Connell Solicitors | View firm profile
In the recent decision of Thomas Farrell v Salesforce (ADJ-00052842), the Workplace Relations Commission (“WRC”) found that the Respondent’s failure to respond to a request for remote working within the four-week deadline breached the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”). Our previous article on the Act can be found here.
Facts: With the agreement of the Respondent, the Complainant had worked fully remotely since June 2023, only attending the office when needed. In May 2024, the Complainant’s line manager informed her team members that employees would be required to attend the office between three and four days per week. The Complainant submitted a formal request on 10th June 2024 to continue working fully remotely. On 11th July 2024, the Respondent responded to the request seeking more time to consider the matter. However, this was outside the four-week timeframe stipulated in the Act for an employer’s response to such a request. It was submitted by the Respondent that the delay was due to human error.
Decision: The Adjudicator, Breiffni O’Neill, upheld the Complainant’s complaint. When considering the amount of compensation to award, he noted that the Respondent had not provided any compelling reasons for their failure to respond to the Complainant’s request within the time period which had expired on 9th July 2024. On the other hand, he noted that the delay was minor, being only two days outside the four-week period prescribed by the Act. He made an award of €1,000.
Takeaway for Employers: This decision is a reminder to employers to pay careful attention to the strict time limits provided for under the Act when dealing with remote working requests. The award of €1,000 was not insignificant for such a minor delay of only two days.
Employers should familiarise themselves with the relevant time periods and their obligations when presented with a formal request for remote working. Further details are provided below in the WRC Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working.
Links
AOC Solicitors – Work Life Balance and Miscellaneous Provisions Act 2023
Code of Practice for Employers and Employees
Work Life Balance and Miscellaneous Provisions Act 2023
Authors – Ethna Dillon & Jenny Wakely
3 May 2025
Anne O’Connell Solicitors
19-22 Lower Baggot Street
Dublin 2.