Cancelling Remote Work: Returning to the Office
A significant shift has occurred in Irish workplaces throughout 2025.
Many large employers who previously championed hybrid models are now issuing return to office mandates. For employees who have built their lives around flexible working, these announcements can be disruptive and distressing.
If your employer has announced that remote working is ending, it is important to understand that you are not without options. The legal landscape has evolved significantly with the full implementation of the Work Life Balance and Miscellaneous Provisions Act 2023 and the subsequent WRC Code of Practice.
Remote Working: Contract vs Company Policy
The first step is to determine the legal basis of your current arrangement. You must check your contract of employment. If your contract explicitly states that your place of work is your home, your employer cannot unilaterally change this without your agreement. Doing so could constitute a breach of contract.
However, for most employees, remote working has been an informal practice or a company policy rather than a contractual right. In these cases, an employer generally has the right to set the location of work. This is where the statutory framework becomes your primary tool.
Your Statutory Right to Request Remote Working
If you do not have a contractual right to work from home, you should immediately trigger your statutory right to request remote working. Under the 2023 legislation, all employees with six months of continuous service can make a formal request.
Once you submit a formal request, your employer is legally obliged to consider it. They can only refuse your request for specific, objective business reasons. These reasons are outlined in the WRC Code of Practice and include concerns like internet connectivity, the need for onsite collaboration, or the nature of the work duties.
Crucially, they cannot just say “no” without justification. They must engage with your request, weigh the business needs against your personal needs, and provide a written decision within the statutory timeframe (usually four weeks).
Can Companies Cancel an Existing WFH Arrangement?
If you already have a formal remote working agreement in place under the new Act, your employer cannot simply tear it up on a whim. The legislation sets out strict rules for terminating an approved arrangement.
An employer can only terminate an approved arrangement if there is a substantial adverse effect on the business. They must give you notice in writing, set out the factual grounds for the termination, and allow you seven days to make representations (argue your case) before the decision is finalised.
They are also required to give you a fair notice period before you must return to the office.
Your Right to Appeal a Move Back to the Office
If you believe your employer has failed to follow the correct procedure, for example, if they ignored your request, missed the deadline to respond, or did not provide a valid business reason for refusal then you may have grounds to make a complaint to the Workplace Relations Commission (WRC).
We have seen recent decisions in 2025 where the WRC has awarded compensation to employees solely because the employer failed to follow the procedural timeline, even if the refusal itself might have been valid. This confirms that employers must take these requests seriously.
If your remote work is being cancelled, do not resign in the heat of the moment. Instead, you should formalise your position. Submit a statutory request if you haven’t done so already. Ask for the specific business reasons driving the decision.
At MM Halley & Sons, we can review your employment contract and help you draft a formal request or appeal a refusal. We ensure that your employer is held to the high standards required by Irish employment law. Contact us today for a confidential discussion.
