Remote Working Guidance 2020: Department Of Business, Enterprise And Innovation
Prior to the Covid-19 crisis, which has given rise to unprecedented numbers of employees working from home, the Department of Business, Enterprise and Innovation (“the Department”) had published a report on Remote Work in Ireland in December 2019, highlighting a need for national guidance for workers and business’s seeking to engage with remote working solutions.
In light of the 2019 Report and the change in working conditions with Covid-19, the Department conducted a Public Consultation on Remote Working Guidance in July of this year. Focusing on the different types and attitudes to remote working solutions in Ireland and the influencing factors for employees and employers when engaging with these solutions.
The Department recently published its Guidance for Working Remotely (“the Guidance”) for employees and employers. Covering a range of areas from Health and Safety, Employment Conditions, Data Protection, Equality and Training, the live resource on the Department’s website offers guidance and considerations for workers and businesses adopting remote working practices.
The Guidance has also provided a helpful Checklist for Working Remotely for employers adopting remote working arrangements, covering the foregoing matters in a user friendly format.
Safety, Health and Welfare at Work : this area is governed by a number of pieces of legislation, regardless of whether an employee is on site or working remotely, responsibility for their health and safety rests with the employer. While it has been noted that there is a need for the legislation to catch up with the reality of the current work place, employers remain obliged to do all that is necessary to ensure that their employees are working in a safe environment when working at home.
- Underlined in the Guidance, are areas such as Returning to work during Covid-19, General Health and Safety, Work Related Stress, Insurance and liability, and topics which had been submitted in the Public Consultation in relation to Workstation Set up and mental health and wellbeing of employees while working remotely.
- The Health Safety Authority has also provided useful directions and tips under a number of these topics for employers and employees.
Employment Conditions
- Issues in relation to Terms of employment, Organisation of Working Time, Equipment provision, home expenses, tax relief and employee privacy were all highlighted in the Guidance and also formed a significant part of the submissions from the Public Consultation.
- Having regard to Terms of Employment, there is currently no right to work remotely under legislation. As it is the employer who decides the location of the employee’s place of work, it is a matter which should be included in the Terms and Condition of an employment contract upon mutual agreement.
- Under the Organisation of Working Time Act 1997, employers have a legal responsibility to keep records of hours worked, ensure breaks are taken and annual leave and public holiday entitlements are received. The Guidance suggest that employers adopt an appropriate time management system and consider whether their current method of monitoring working hours is appropriate.
- Revenue has produced further guidance for employers and employees on the costs associated with remote working.
Data Protection
- With the sharp increase in the numbers working from home, this has obviously led to increased concerns in regard to protecting and maintaining not only secure access to employer’s networks but also the protection of employee’s personal data. Indeed with the increased use of video conferencing/calling, it is important to ensure that these technologies are used in a way that is safe, secure and ensures an adequate standard of data protection. Likewise in terms of cyber security, working remotely increases the risk of threats to the organisation and the National Cyber Security Centre has released Cyber Security guidance for working remotely , to help maximise wi-fi security and maintaining good practices when using work and personal devices.
- The Data Protection Commission has published further guidance and notes on these topics useful for employers and employees.
Equality
- Employers need to ensure that the Employment Equality Acts 1998 -2015 are adhered to regardless of whether their employees are working remotely or not. Employers must ensure that any employees working remotely have the same and equal access to training, promotion and career development as those on site.
Training
- Highlighted in the Remote Work in Ireland report, training for remote working employees and managers is a huge factor in the successful implementation of remote work policies.
- No legislation exists in relation to training of remote workers, however the WRC has suggested that best practice dictates that training should be available, regardless of workplace, to everyone. This should also assist with compliance in respect of Health and Safety concerns.
- Two new online national training programmes are aimed at developing the capacity and capability of remote workers and line managers.
- Trainers’ Learning Skillnet have all introduced three online training courses in relation to remote working aimed at remote workers, line managers and HR and L& D professionals.
Link – https://enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Remote-Working/
Authors – Anne O’Connell & Ethna Dillon
26th November 2020
Anne O’Connell Solicitors
19-22 Lower Baggot Street, Dublin 2
www.aocsolicitors.ie
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