Policy – Maternity Leave and Antenatal Care (and request form)

 Aims and Objectives

This policy is intended to summarise your statutory rights to take maternity leave and to take time off to attend antenatal care appointments/classes. It also sets out the Company’s arrangements for exercising these rights.

Eligibility

All employees, irrespective of service or working hours are covered by this policy.

Notification of Pregnancy & Health and Safety

We encourage you to notify us as soon as possible of your pregnancy and in any event no later than 4 weeks before the birth. We encourage employees to advise us as early as possible so that we can carry out a risk assessment and consider whether any adjustments to your job/working hours are necessary.

Meeting to discuss your pregnancy

An informal meeting will then be arranged with [insert job title of person] so that they ensure you are aware of your entitlements and the processes involved. The meeting will include discussion on the following points:

• the amount of leave you can take and the payment arrangements
• the information that we will need from you to process your maternity leave
• time off for ante natal care, post-natal care and ante-natal classes
• risk assessments to ensure your role does not pose a risk to your, or your baby’s, health and safety
• your right to return after maternity leave to the same or a similar role.

Risk assessment

So that we may assess any potential risk that your role poses to your health and safety, and the health and safety of your baby, a risk assessment will be carried out to identify any risk to you during your pregnancy, where you have recently given birth, or where you are breastfeeding. We will, where possible, take steps to eliminate any risk that is identified.

Those steps may include temporarily making changes to your working conditions or to your hours of work. If there are no changes that can be identified that will reduce or remove any risk that may be identified for you or your baby, you will be offered suitable other work. If other work cannot be provided, you will be placed on health and safety leave.

You will be paid in full for the first 21 days of health and safety leave (which may not be consecutive). After this period, you may be entitled to a social welfare payment.

If you become aware that you are no longer vulnerable to the risk for which you have been granted health and safety leave, you are obliged to inform the Company in writing of the fact, as early as reasonably practicable. Likewise, if a risk no longer exists, or if we can offer suitable alternative work, the Company will notify you in writing and the health and safety leave will expire seven days after receiving the notification to return to work.

Time off for ante-natal and post-natal care

You are entitled to request paid time off work to attend appointments for antenatal care prescribed by a doctor or midwife. You may be asked to provide evidence of appointments and/or that you are pregnant.

Wherever possible, you should arrange appointments outside of working hours. If this is not possible, they should be arranged for a time when disruption to the business is minimised, usually at the start or end of the working day. You should try to give us as much notice as possible of appointments.

The father of your expected child or your partner may be eligible to take time off to accompany you to antenatal appointments and should make separate enquiries in this respect.

You are also entitled to receive post-natal care for the first 14 weeks following the birth of your baby.

You will receive full pay for the time taken to attend these appointments.

Time off for ante-natal classes

You are entitled to paid time off to attend antenatal classes, subject to the following:

• you are entitled to paid time off to attend one set of ante-natal classes, except for the last three classes in a set
• An expectant father is entitled to paid time off to attend the last two ante-natal classes in a set of classes which the expectant mother is attending. This is a one off entitlement for fathers in relation to one birth only.

You may use annual leave or unpaid leave if you wish to attend more than the entitlements above provide.

You are required to give two weeks’ notice in writing of the attendance at ante-natal classes, detailing the time and location of the classes in addition to an appointment card from the organisation who runs the class.

If you are unable to comply with the notification requirements above, you  must provide evidence of attendance at the ante-natal class, and also provide an explanation as to you were not able to follow the notification procedure.

We reserve the right to refuse payment for time-off to where there is an abuse of this procedure, and any such abuses will be dealt with under the disciplinary procedure.

Maternity Leave

You are entitled to 42 weeks’ maternity leave in total, broken down as follows:

• 26 weeks’ Ordinary Maternity Leave (OML)
• Additional Maternity Leave that starts immediately after Ordinary Maternity Leave and continues for a further 16 weeks. If you wish to take Additional Maternity Leave (AML), you must inform us at least four weeks before your Ordinary Maternity leave is due to end.

At least two weeks must be taken before the expected date of birth, and at least four weeks after the birth. You must not start your leave earlier than sixteen weeks before the end of the week in which your baby is due.

Notice of intention to take Maternity Leave

We require that you notify us in writing of your pregnancy, and the date you wish your maternity leave to start, no later than four weeks before the desired start date. This notification must be accompanied by a Doctor’s Certificate setting out the expected date of birth.

Postponement of leave due to serious illness

You may postpone all or part of your maternity leave for a period of up to 52 weeks if you have a serious health condition.

A serious health condition is defined as serious health condition’ means a health condition that—

• entails a serious risk to the life or health, including the mental health, of an employee, and
• in order to address the risk, requires necessary medical intervention that is ongoing for a period of time to be carried out in respect of the employee.

You must give written notice of your request to postpone your maternity leave. This notification must specify the date on which the postponement is to commence and end ( which must be at least 5 weeks from the date of the commencement of the postponed maternity leave and not later than 52 weeks from the date the leave is set to begin).

You may postpone your maternity leave for one further period after the initial period of postponement. This must be done within 2 weeks before the further postponement is due to commence.

You cannot postpone your maternity leave on both grounds that you have a serious illness and in the event of hospitalisation of a child in respect of the same birth.

Early birth

In the event of a premature birth the 26 weeks leave will be extended by an additional period of leave.  This period of leave will commence at the end of the 26 weeks.  The additional period to be added will be the number of weeks from the baby’s actual date of birth, up to two weeks before the expected date of confinement, which would have been the 37^th week of the pregnancy.

Ending additional Maternity Leave due to sickness

If you fall ill during the period of additional maternity leave period, or if you have indicated that you wish to take additional maternity leave and then fall ill, your line manager may agree to early termination of additional maternity leave. In these circumstances, the period of time will be reallocated to sickness absence.  The reallocation of the nature of this leave is entirely at the line manager’s discretion. You will not be able to resume additional maternity leave once it is terminated early. Reallocated sickness absence will be treated in the same way as any other sickness absence under the Company’s absence management practices.

Postponement of leave if child is ill

If your child goes into hospital after you have already taken at least 14 weeks’ maternity leave you may apply to your line manager to postpone the remainder of your leave for up to 6 months.

Stillbirth & miscarriage

If you suffer a stillbirth after 24 weeks of pregnancy or your baby has a birth weight of at least 500g, you will still be entitled to 26 weeks’ maternity leave.

Fathers Leave

If you die during the first 40 weeks of your maternity leave, the baby’s father may be entitled to a period of Fathers Leave. The amount of fathers leave available will be dependent on what stage of maternity Leave you have passed away. For more information on fathers leave, please contact HR.

Maternity Pay

If you are on maternity leave you will normally be entitled to payment from the Department of Employment Affairs & Social Protection for the Ordinary Maternity Leave period, depending on meeting certain PRSI eligibility criteria.  Social Welfare benefits are not payable during the Additional Maternity Leave.

[Optional]

[The Company operates an occupational maternity pay scheme as follows: [insert details]

If you are eligible to receive occupational maternity pay, you will receive your [normal/basic] salary less any maternity benefit you may be entitled to receive from the Department of Social Protection (see above).

It is a condition of payment of company adoptive pay that you must provide us with appropriate evidence any social welfare cheques/entitlements. If the Company is not satisfied with the evidence provided, you will be ineligible for occupational maternity pay.]

Keeping in touch during Maternity Leave

We may be in touch with you occasionally during your maternity leave, for example to update you on the situation at work or to discuss arrangements for your return. [You should discuss with [(appropriate job title/level of management)] [HR] how you would prefer this contact to be made and the level of contact you would like.]

Rights during Maternity Leave

Your normal terms and conditions of employment will continue to during your ordinary maternity leave period and your additional maternity leave period, with the exception of pay.

Holiday during Maternity Leave

You will you retain your full entitlement to annual leave during your maternity leave however you are unable to take annual leave during this period. We will meet with you prior to you taking maternity leave to discuss and agree the arrangements for the taking of these holidays either before, or at the end of your maternity leave. Where there is a public holiday during your maternity leave, you are entitled to take this holiday at another time as agreed with your manager.

If the holiday year is due to finish during your maternity leave or shortly after it ends you should plan with us to use your holiday entitlement before starting your maternity leave. Alternatively, you might consider ending your maternity leave early and transferring onto paid holiday in order to use up your entitlement.

Return to Work

You must provide at least 4 week’s notice of your intention to return to work from Maternity Leave. Upon return, you will be entitled to return to your normal role so far as it is reasonably practical.  However, if this is not possible you will be offered suitable alternative work.

[You may be invited to attend an informal meeting with [insert job title of person] in order to discuss any arrangements regarding your return to work. This is likely to take place approximately [insert] weeks before your return. The following points will be discussed at this meeting.]

• any developments that have taken place at work and
• any training which it may be appropriate to have in light of any developments.

If you decide that you do not wish to return to work after your maternity leave, you are required to give us notice of your resignation and this amount is set out in your contract of employment.

Breastfeeding

If you are breastfeeding, you are entitled to take 1 hour (with pay) off work each day as a breastfeeding break for up to 2 years  after birth provided you inform your manager of your intention to continue breastfeeding when you provide notice of your return to work. This time may be taken as;

• One 60 minute break
• Two 30 minute breaks
• Three 20 minute breaks

Part-time employees will be entitled to a pro rata benefit.

[If you are interested in applying to work flexibly on your return to work, you should refer to our Flexible working policy. If you want to make changes to your working arrangements starting on your return from maternity leave, you need to ensure that you make your application in good time.]

Status of this policy

This policy does not give contractual rights to individual employees. The Company reserves the right to alter any of its terms at any time although we will notify you in writing of any changes.

Deliberate abuse of this policy and the Maternity Leave [and pay] entitlement will be treated as a disciplinary offence and will be subject to disciplinary action [in accordance with the Company’s disciplinary procedure] which may result in your dismissal. [See our Disciplinary procedure.]

Notice to take Maternity Leave

 To qualify for maternity leave you must complete and return this form to [(appropriate job title/level of management)] [HR] by the end of the 4^th week before your EWC.

Impact Assessment Flexible Working Request Form.docx

Remote Working Policy

• POLICY AIMS AND DEFINITIONS

The aim of this policy is to set out how current employees can make a request for remote (or hybrid working) arrangements, in accordance with the statutory scheme, and the conditions that will apply to such arrangements if a request is granted.

• DEFINITIONS

When we refer to ‘Remote Working’ (RW) in this policy, we mean arrangements whereby some or all the work you ordinarily carry out is at another location other than the [Organisation [ Company]’s place of business without any change to your ordinary working hours or duties.

References to ‘workplace’ in this policy means our premises.

• OUR APPROACH TO APPLICATIONS FOR REMOTE WORKING

We recognise that remote working arrangements can benefit both employees and the business and we seek to support employees achieve a better balance between work and personal commitments and will make every reasonable effort, where possible, to accommodate these requests.

As an [Organisation [Company], we are supportive of such arrangements where these are appropriate and compatible with business needs.

Whilst we endeavour, where possible, to accommodate applications remote working, not all roles or jobs are suitable for such form of working.

• ELIGIBILITY

All employees have the statutory right to request remote working however you must have completed 6 month’s continuous service before any approved remote working arrangement can commence.  A gap in service of less than 26 weeks will be discounted for the purpose of determining eligibility to commence a remote working arrangement.

• APPLYING FOR REMOTE WORKING

Requesting occasional remote working arrangements

• We recognise that there are various circumstances in which you may benefit from remote working on an occasional basis. These may include when:
• a quiet, uninterrupted work environment will, for example, assist in dealing with a backlog of administrative tasks or in producing specific work to a deadline;
• a child, elderly relative or other dependant becomes unwell or arrangements for their care break down at short notice;
• public transport is disrupted (e.g. by adverse weather or by industrial action that affects your ability to travel to the workplace); or
• you have a medical appointment during the working day, and it would be more efficient for you travel there from home than from the workplace.
• To request occasional remote working, you should speak to your line manager. Your line manager may authorise an occasional period of remote working, provided that, in their opinion:
• you have work that can be undertaken at home; and
• working at home is compatible with business needs; and
• any increase in work that may be passed to your colleagues as a result is kept to a minimum.
  • Your line manager will, where necessary, liaise with [the HR Department / [POSITION]] to confirm arrangements.

5.4     In the event that your line manager concludes that it is necessary to refuse a request for occasional remote working and you are unable to attend the workplace as normal, [your line manager / the HR Department] will advise you whether your circumstances are covered by any other company policies (such as our [Emergency Time Off for Dependants Policy, Adverse Weather Policy], etc.).

Applying for longer term remote working arrangements

5.4     To make an application for a remote working arrangement you must complete the remote working request form [attached to this policy] [which is available from the HR department] [on the staff intranet] and give it to [your line manager] [(other appropriate job title/level of management)]. Your remote working application must be submitted at least 8 weeks before your proposed remote working arrangement would begin and should detail:

• the form of remote working being requested, i.e how many days and which days are requested;
• the proposed starting date and end date (if relevant);
• the reason(s) for requesting remote working;
• proposed location and other relevant information such as,
  • whether the workstation is suitability equipped to enable you to work effectively to required standard remotely;
  • secure and adequate internet connection; relevant equipment and technology in the proposed work location;
  • how data protection; data security; privacy; confidentiality; IT; intellectual property; email; concerns can be addressed;
  • any health and safety concerns with the proposed work location.

We reserve the right to seek additional information that we may reasonably require to consider your application.

Your application should also state whether your request for remote work arrangements is being made under the reasonable accommodations provisions of the Employment Equality Acts 1998 – 2015.

6. CONSIDERING YOUR REQUEST FOR REMOTE WORKING

On receipt of your application, we will do an assessment of the impact of accommodating you to work remotely. This may involve discussions including with you and your manager as well as with the HR department. You have a responsibility to help us assess the impact on the business and to help us work out ways of managing that impact where necessary.  Our priority will always be the efficient running of our business.

When reviewing your request, we will assess matters including those below:

• the nature of the work/duties being carried out and whether any, or all, of them can be carried out remotely or are they more efficiently carried out on site;
• does the role require face to face engagement with clients/customers and/or a high degree of manual work;
• would remote working affect the service quality or organisational operations taking into account the number of employees currently on approved leave and/or on approved remote working or flexible working arrangements;
• concerns about health and safety business confidentiality or intellectual property;
• the suitability of the proposed workspace on health and safety grounds;
• the internet connectivity of the proposed remote working location;
• the distance between the proposed remote location and on-site location;
• If the proposed remote working arrangement conflicts with the provisions of a collective agreement;

We may also consider factors such as, can you;

• work independently, motivate yourself and use your own initiative, adapting to new working practices as necessary;
• manage your workload effectively and meet any applicable deadlines;
• make appropriate childcare/dependent care arrangements to enable you to focus on your work during your working hours;
• identify and resolve any new pressures created by working at home; and
• keep in regular contact with your line manager and colleagues;
• any aspect of your performance was identified as [below expectations / unsatisfactory] in your most recent appraisal/manager assessment;
• you have an unexpired warning in respect of your conduct or performance; or
• you need [direct or regular] supervision or support to deliver an acceptable quality and/or quantity of work.

These lists are not exhaustive, and these matters may not be relevant in all situations.

7. RESPONDING TO YOUR REQUEST FOR REMOTE WORKING

We will aim to provide a decision to your remote working request within 4 weeks beginning on the date on which we received your application. We may extend this 4-week period for a further period not exceeding 8 weeks.

Once we have completed the impact assessment, we will respond to your request, confirming that:

• your request for remote working has been approved, and provide a prepared agreement setting out the details of the remote working arrangement, to be signed by both you and the company, or
• your request for remote working has been refused and the reasons for the refusal, or
• more time is needed to assess the request and set out the length of time for the extension (as detailed above)

Rejection of your request

If we do not approve your RW arrangement, we will explore the feasibility of an alternative arrangement taking into account your specific circumstances.

Approving your remote working request

If your application for remote working is granted, you must sign a RW agreement that we will appended to your contract of employment. We will also notify you of any other changes to your terms and conditions. You must work from your elected remote location when you are not in the workplace.

[If you are thinking of changing your elected location for remote working, you must speak to [your line manager / the HR Department] in advance to discuss whether your remote or hybrid working arrangements will still be feasible – taking into account, for example, whether your new remote location is within a reasonable commuting distance of the workplace.]

If at any time you wish to work from a location other than your remote location, either on a temporary or a permanent basis, you must seek [written] agreement from [your line manager / the HR Department] in advance.

If you wish to work from abroad at any time, you must obtain separate written approval from [your line manager and the HR Department] in advance. It may, depending on the circumstances, be necessary for you to submit a flexible working request under our Flexible Working Policy in respect of a request to work from abroad. Different legislative and compliance requirements mean that working from abroad may be subject to different arrangements from those set out in this policy.

[If we agree to you working from a location other than your home address, at anytime we reserve the right to terminate your RW arrangement and require you to return to working from the workplace by giving you four week’s written notice in accordance with this policy.

8. ARRANGEMENTS DURING YOUR PERIOD OF REMOTE WORKING

Attendance at the workplace

You will be expected on request to attend the workplace or other reasonable location – on days or at times when you would normally be working from your remote location – for purposes such as meetings, training courses or other events as necessary. [This will typically not be more frequent than [one day per week/half a day per month/one day per month/two days per month] and the dates and times of such workplace attendance will be [agreed with/notified to] you [at least [NUMBER] days] in advance.]

You understand that when you do attend the workplace, you [may / will] have to hot desk or share a desk with someone else.

Supervision, performance and conduct

Your line manager will continue to supervise you and assess your performance and will regularly review your home, remote or hybrid working arrangements and take steps to address any perceived problems.

As a remote/hybrid worker, you will be subject to the same performance measures, processes and objectives and conduct rules that would apply if you worked at the workplace.

Communications

Your line manager will keep you up to date with communications and information relevant to your work. You must ensure that you maintain regular communication with your line manager and colleagues as needed for the performance of your work.

Training and development

Your access to training and development opportunities will, wherever possible, be the same as for staff who are wholly based in the workplace. In relation to applications for internal vacancies and promotions, we will discuss with you if your remote working arrangement will impact on your ability to do certain roles.

Equipment and home working costs

EITHER

[We will provide any equipment that we consider is reasonably necessary to enable you to work from home. Any equipment we provide will remain our property. We will make all necessary arrangements for and bear the cost of installing and removing equipment from your home.

Where we provide equipment, you must:

• use it only for the purposes for which we have provided it and ensure it is not used by anyone else;
• take reasonable care of it and use it only in accordance with any operating instructions and our policies and procedures; and
• if requested, make it available for collection by us or on our behalf.]

OR

 [[Other than [your company laptop and mobile phone / LIST EQUIPMENT], you / You] are required to ensure you have sufficient and appropriate equipment for working from home. Any personal equipment you use when working from home is your responsibility and we will not be responsible for providing, maintaining, repairing or replacing any equipment in the event of loss or damage to any personal equipment you may use when working for us.]

[Please inform us if you have a disability that means you need any special equipment in order to work from home safely and comfortably. In such cases, we will discuss with you what equipment or adjustments to your home workspace you may reasonably need.]

[We are not responsible for associated costs of you working from home including the costs of heating, lighting, or electricity, internet access, or telephone calls.]

[We will pay all charges on any mobile phone provided by us, on condition that you use it only for work-related purposes [and in accordance with our [Electronic Communications Policy]].]

[If you need to purchase any stationery or send any documents or other materials by post or courier in the course of your duties, you should obtain appropriate receipts and reclaim such costs in accordance with our Expenses Policy.]

Data security and confidentiality

You must take all necessary steps to ensure that private and confidential material is kept secure at all times, including when travelling to and from the workplace. [Your line manager / the Data Protection Team] must be satisfied that all reasonable precautions are being taken to maintain confidentiality of material in accordance with our requirements.

You agree to comply with our instructions relating to IT and document security, [EITHER including: [only using equipment that we have provided or authorised; installing and updating all required antivirus and malware protection; regularly updating your password; using provided encryption tools; only using approved platforms to send and receive work-related emails and materials or make work-related audio or video calls; not making work-related calls in the presence of smart speakers or home surveillance systems; ensuring you lock your computer whenever it is left unattended; ensuring nobody else in your home has access to confidential information stored on your computer or other devices; using secure wifi and connecting to our network using our designated [VPN / multi-factor authentication]; keeping all hard copy materials containing confidential information or personal data in cabinets that are locked when not in use; and shredding or otherwise securely disposing of such confidential information and personal data when it is no longer needed, in compliance with our guidelines on data retention].][OR as set out in our [Data Protection Policy / Electronic Communications Policy / POLICY.]

You confirm that you have read and understood our policies on [computer use, electronic communications and data security] and that you will regularly keep yourself informed of the most current version of these policies.

If you suspect or discover that there has been a personal data breach, or an incident involving the security of company, client, customer or staff information, you must report it immediately to [your line manager [and/or] the Data Protection Team].

Health and safety

Remote workers remain subject to the Company’s health and safety policy and have the same responsibilities for health and safety as other employees. You have a duty to take reasonable care of your own health and safety and that of anyone else who might be affected by your actions and omissions. You must attend our usual health and safety training courses, read [MANUALS] and undertake to use equipment safely.

We have the right to carry out a risk assessment of your working area at home for health and safety purposes. This may include a home visit by [the Health and Safety Officer / [POSITION]] and / or a remote risk assessment. Usually, a risk assessment will be undertaken before or shortly after you begin home, remote or hybrid working. Further risk assessments may be conducted if we consider them necessary – for example, because your role or your working environment changes. The need for such assessments will depend on the circumstances, including the nature of the work undertaken.

You must not have in-person meetings in your home with [customers/clients/colleagues] and must not provide your home address or telephone number to [customers/clients].

You must report any health and safety concerns to [your line manager / the Health and Safety Officer] [in accordance with our health and safety policy].

Mental health and wellbeing

It is important that your working patterns and levels of work do not negatively impact on your health and wellbeing. If you are concerned about your health or wellbeing in relation to your, remote working arrangements, including your working pattern or workload, please speak to [your line manager] in the first instance.

You are asked to take proactive steps to manage the boundaries between work and personal life. The Organisations Right to Disconnect Policy provides guidance on disconnecting outside normal work hours.

You should ensure that you take regular breaks away from your screen during the working day. This is particularly important when working from home as the natural interruptions in a workplace environment aren’t present.

We encourage you to take a lunch break and take time away from your working environment each day when you are working at home, whether this be going for a walk or just taking some relaxation time.  If you were in the workplace, you would have natural breaks during the day to catch up with a colleague or share an idea/issue.

[For further information about the support we can provide for employees’ wellbeing, please see our [Wellbeing Policy], or speak to one of our [Mental Health Champions].]

Insurance

Working at home may affect your home and contents insurance policy, mortgage, lease or rental agreement. You must make any necessary arrangements with your insurers, bank, mortgage provider or landlord before commencing home, remote or hybrid working.

[We are responsible for taking out and maintaining insurance to cover any equipment we provide against fire, theft, loss and damage during your employment.

[Our [employer’s liability / accident] insurance policy covers you when you are working at home. You must report any accidents to [the Health and Safety Officer] immediately [in accordance with our Health and Safety Policy].]

9. TERMINATION OF REMOTE WORKING ARRANGEMENT

We reserve the right to terminate your remote working arrangement, either before or after it has started, if we are satisfied that the remote working would have, or is having, a substantial adverse effect on the operation of the business and/or on your performance.

If we decide to terminate your remote working arrangement, we will write to you give you at least 4 weeks notice of our intention to do so.

Prior to confirming the termination of your remote working arrangement, we will write to you advising of our intention and the reason(s) for it and provide you with at 7 days (beginning on the day after notice has been given) to make representations regarding our proposal. We will consider those representations and any alternative arrangements before deciding whether to confirm the notice of termination.

[If you wish to terminate your remote working arrangement, you must notify your line manager in the first instance, providing 4 weeks notice. [We will only be able to accommodate your request if there is sufficient office space and a suitable desk for you.]

[On termination of your remote working arrangement, you may be required to return certain equipment provided by us. If termination of your remote working arrangement also involves termination of your employment, you will be required to return all equipment provided by us. If we need to collect equipment from your home, we will contact you to make the appropriate arrangements.]

Abuse of remote working arrangement

If we have reasonably grounds for believing that you are not fulfilling the requirements of your role during your remote working arrangement, we will give you at least 7 days written notice of the termination of your remote working arrangement, setting out the reasons for termination and the the date that you must return to your original working arrangement. We will provide you with 7 days (beginning on the day after notice has been given) to make representations regarding our proposal. We will consider any representations and any alternative arrangements before deciding whether to confirm the notice of termination. If rejected, you are required to return to your original working arrangements 7 days after receiving notice of termination for an abuse of the RW arrangement.

10. PROTECTION FROM PENALISATION

We will ensure that no employee is penalised for proposing to or having exercised their right to make a request for remote working or a request to return to a previous working arrangement.

11. CONCERNS

If you have any concerns that your remote working request has not been considered in line with the statutory requirements, we encourage you to raise them informally at a local level. You may raise a grievance if the informal process has not resolved your concern.

12. RECORD KEEPING

We will keep records for three years of:

• Period of employment for each employee;
• The dates on which each employee was on an approved RW;
• Number and times each employee was on an approved RW arrangement.

We will keep records for one year of:

• any notices, or copies of notices, given or received.

13. STATUS OF THIS POLICY

This policy does not give contractual rights to individual employees. We reserve the right to alter any of its terms at any time although we will notify you in writing of any changes.

Letter for an employee to request remote working

[Insert name]

[Insert address]

[Insert date]

Dear [insert name],

Re: Remote Working Request

I would like to make a remote working request under the Company’s Remote Working Policy as provided for under Section 20 of the Work Life Balance and Miscelleneous Provisions Act 2023.

Eligibility to make a request

I confirm that I am eligible to make a remote working request because:

• I will have been continuously employed by [insert name of employer] for 6 months at the date my remote working arrangement is proposed to commence. I have undertaken the role of [insert job title] since [insert start date]

Current working location

My current working location is [insert details of current working pattern including hours of work, days of work and location of work].

Proposed remote working arrangement

I am seeking remote working commencing on .. to [insert date] and agree to the variation to my terms and conditions of employment accordingly. [insert date at least 8 weeks after your application date i.e. date lodge with us].

I would like to formally request remote working on the following days: [insert proposed remote working request].

The reason(s) for my request to work remotely are as follows: [ insert reasons for making the request].

The proposed location for my remote working is: [insert]

I believe that this location is suitable for remote working under the WRC Code of Practice on Flexible and Remote Working for the following reasons:

I will comply with the relevant company policies such as ICT Usage, Data Protection and Privacy, Diversity and Equality, Grievance and Disciplinary, Health and Safety, protecting confidential information and IP etc. [tailor names to suit business].

[Optional] I am making this request under the Employment Equality Acts 1998 – 2015 as I believe the proposed working pattern is a reasonable accommodation which would enable me to carry out my duties.

Potential impact of new working pattern

I believe that this proposed working pattern will affect [insert name of employer] and my colleagues as follows: [insert details of potential impact of the proposed working pattern].

I propose that this effect can be handled in the following manner: [insert suggestions as to how this impact should be handled].

Supporting Information and Evidence

I am enclosing the following in support of my application: [include where appropriate]

Thank you for taking the time to consider my request. I look forward to hearing from you.

You are encouraged to provide as much relevant information as possible with the request so that it can be fully considered.

Yours sincerely,

Signed:

[Insert name] [Insert job title]

A recap of the ROI legislative…

(ROI) Disciplinary Policy Purpose The purpose…

NEW ICO GUIDANCE FOR EMPLOYERS ISSUED: SUBJECT ACCESS REQUESTS (SARs)

On 24 May 2023, the Information Commissioner’s Office (ICO) published New Guidance on SARS (Subject Access Requests) by way of a ‘SARs Q&A for Employers.’

The Headline to its Press Release states:
‘It’s important not to get caught out” which is then followed by 3 bullet points as follows:

• ICO publishes new guide on responding to subject access requests;
• Employers risk fine or reprimand;
• Over 15,000 Subject Access complaints to ICO last year

This is perhaps signalling a harder line and potential crackdown by ICO going forward on employers who fail to respond to a SAR timely or fully.

The new Guidance reminds employers that SARs give individuals the right to request a copy of their personal information, but the response must also include details about:

• Where they got their information from;
• What they’re using it for; and
• Who they are sharing it with.

The ICO comments that employers are misunderstanding the nature of SARS, or importance of responding.

The Guidance sets out a number of practical scenarios with responses. It makes the point that a SAR can also be submitted informally (such as over social media) and does not have to contain the words ‘subject access request’ in order to be one.

The Guidance covers the following key topics:

• What is the right of access?
• Do people have to submit a request in a certain format?
• Can we clarify the request?
• When can we withhold information?
• Do we have to advise the requester if we are withholding information?
• Do we have to comply with a SAR if the worker has signed a non-disclosure or settlement agreement?
• Do you need to comply with a SAR if the worker is going through a tribunal or grievance process?
• Do we need to disclose any non work-related personal information?
• Do we have to disclose emails that the worker is copied into?
• Do we have to include searches across social media?
• We’ve had a request for CCTV footage, but it contains images of other people. Do we have to disclose it?
• Can the ICO advise me what to include in a SAR response?
• What happens if a worker isn’t happy with their SAR response?

The Guidance is drafted in a very plain English format with helpful examples provided. Businesses should ensure that they can identify a SAR, have mechanisms in place to properly respond, and do so within the 28-day period now provided by the law. We suspect given the number of complaints received last year that the ICO will be more likely take action against employers who fail to comply with their legal requirements. The Guidance is important for any person in the business responsible for responding to SARs.

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