- Retirement Age change
- Request for Flexible Working
- Request for Remote Working
From Employees being able to have the right to work until they qualify for a state pension to all parents /carers being able to apply for the right to flexible work and all employees being able to apply for the right to remote working.
The ever-changing landscape of employment legislation for employers and business owners to consider and adopt into their organisations culture.
Retirement Age Changes
The Government has taken a significant step by approving legislation that aims to eliminate mandatory retirement ages which are below the state pension age. The Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024 received cabinet approval, signalling a change in how retirement is perceived in the workplace recently.
Under the proposed legislation, employers won’t be able to compel employees to retire at a specific age anymore. Employees will have the right to work until they qualify for a state pension. This change highlights that age should not be perceived as a barrier to productivity and contribution. If an employment contract specifies a retirement age below the state pension age, that clause will be unenforceable without the employee’s consent. Employees who do not consent to the mandatory retirement age can provide written notice to their employer. In such cases, the employer must respect the employee’s preferred retirement date, which can be either the state pension age or an earlier date agreed upon by both parties.
Request for Remote Working
The right to request remote working has been implemented by the Government, as a result all employees now have the right to request remote working.
The eagerly awaited Code of Practice for employers, developed by the Workplace Relations Commission (WRC) has been officially approved and published.
The right to request remote working is part of the Work Life Balance and Miscellaneous Provisions Act 2023.
Both employers and employees are required to adhere to the Code of Practice when evaluating applications for remote working arrangements. The Code will be admissible in evidence in proceedings before a court, the Labour Court, or the WRC. Employees may bring a complaint to the WRC in the event that an employer fails to fulfil their obligations under the Act. If a complaint is brought to the WRC concerning the right to request remote, the Code specifies that the WRC cannot evaluate the merits of any decision made by an employer. The WRC can only assess the process that led to the employer’s decision.
Request for Flexible Working
Parents and carers now have the right to request flexible working under Work Life Balance and Miscellaneous Provisions Act 2023.
The primary objective of the newly published Code of Practice for Employers and Employees is to offer clear guidance to both employers and employees regarding the process of requesting and managing flexible working.
The Code serves several specific purposes:
- it outlines the procedures involved in making and managing requests for both working, including any changes to the agreed arrangements
- it supports employers in making objective, fair, and reasonable decisions when considering requests for flexible workings
- it offers practical guidance on best practices to employers, employees, and their representatives to ensure compliance with the legislation
- it assists in the development of workplace policies and procedures for handling requests for flexible and remote working, aiming to provide clarity, transparency, and consistency for both employees and employers
- it provides guidance for resolving disputes related to requests for flexible working, particularly concerning the processing of these requests
- it offers information to the public regarding the relevant legislative provisions in relation to flexible working.
Additionally, employers must also consider the Code when terminating a flexible working arrangement.
That is a lot of new legislation for company’s to take on board. If your business has not created any Flexible and Remote Working Policies, Request Forms and Assessment Forms, please get in touch with Core Resource to best help your HR Operations.
