Introduction
The long-awaited WRC Code of Practice for Employers and
Employees on the Right to Request Remote and Flexible Working
("the Code") has finally been published by the Workplace
Relations Commission ("WRC"). The Code can be accessed here.
Many organisations already have in place policies and procedures
around the right to request remote, flexible and hybrid working
arrangements, but we were all aware that, in implementing such
policies, we would need to review them as soon as the Code was
published.
As set out in the Code, while failure to follow a code is not an
offence in itself, both section 20(9) Workplace Relations Act, 2015
and section 31(9) of the Work Life Balance and Miscellaneous
Provisions Act, 2023 provides that in any proceedings before a
Court, the Labour Court or an Adjudication Officer of the WRC, a
Code of Practice shall be admissible in evidence. Any provision of
the Code which appears to the Court, body or officer concerned to
be