Flexible-working requests in Ireland
Reviewed by Mellow Editorial Team, HR & payroll content team
Employees in Ireland have a statutory right to request flexible working arrangements, and employers have a defined process to follow when responding. This article explains how the system works, what counts as a valid request, and how to handle it fairly.
The legal backdrop
The Work-Life Balance and Miscellaneous Provisions Act 2023 introduced a statutory right for employees to request flexible working for caring purposes. Before that, flexible working was largely a matter of goodwill or contract. The 2023 Act changed the landscape by giving qualifying employees a formal route to make a request and requiring employers to engage with it in good faith.
It is worth being clear about what the law does and does not do. It gives employees the right to request flexible working — not the automatic right to receive it. Employers can refuse on legitimate business grounds. The obligation is to have a genuine process, not to say yes.
Note: this article is general information, not legal advice. If you are dealing with a specific or contested situation, take advice from an employment solicitor or the Workplace Relations Commission (WRC).
Who can make a request
To qualify under the Act, an employee must:
- Have at least six months of continuous service with you
- Have a caring responsibility for a child (under 12, or under 16 if the child has a disability or long-term illness) or be providing personal care to a family member or person they live with
An employee does not need to prove the caring need with documentation at the point of request, but you can ask for relevant information to help you assess it.
What counts as flexible working
The Act uses a broad definition. Flexible working can include changes to:
- Hours worked (for example, reduced hours or compressed weeks)
- Times worked (for example, shifted start and finish times)
- Location (for example, working from home some or all of the time)
A request might be for a permanent arrangement or a temporary one. It might be one change or a combination. The scope is deliberately wide.
The process you need to follow
When an employee submits a request in writing, you have a set timeframe to respond. The Act requires you to consider the request properly and give a written response within four weeks. In practice, good process looks like this:
1. Acknowledge the request promptly. Confirm receipt and let the employee know you are considering it.
2. Meet or consult with the employee. Understanding the specific need helps you think through practical options. It also shows good faith.
3. Consider the business impact honestly. Think about cover arrangements, team workload, customer-facing commitments, and whether the role can genuinely be done in the proposed way.
4. Give a reasoned written decision. If you approve, set out the agreed terms clearly. If you refuse or propose an alternative, explain why.
If you refuse, the grounds for refusal should relate to genuine business considerations — things like the nature of the role, operational requirements, or the impact on colleagues. A refusal that looks arbitrary or that ignores the process gives the employee grounds to bring a complaint to the WRC.
You can also agree to a trial period rather than an immediate permanent change, which is often a sensible middle ground when you are unsure how an arrangement will work in practice.
Handling requests that do not qualify under the Act
Not every flexible working request will meet the caring-purpose threshold in the Act. Employees without the qualifying service, or those requesting flexibility for reasons unrelated to caring, do not have the same statutory route.
That does not mean you should dismiss those requests. Many employers handle all flexible working requests through a consistent internal policy regardless of whether the statutory framework applies. This approach is fair, easier to administer, and reduces the risk of grievances.
If you do not already have a flexible working policy, it is worth drafting one. It does not need to be lengthy — it just needs to explain how requests are made, how they are assessed, and what the timeline looks like.
Records and review
Keep a written record of every flexible working request, your assessment, and your decision. If an arrangement is agreed, document the terms clearly — including any trial period, review date, or conditions. This protects both sides if there is ever a dispute about what was agreed.
Build in a review point for any new arrangement, particularly if hours or location change significantly. What works in the first month may need adjustment as the reality of the role becomes clearer.
The WRC publishes a Code of Practice on the right to request flexible working, which provides additional guidance on what reasonable consideration looks like. Familiarising yourself with it is worthwhile before you respond to your first formal request.
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