Work Life Balance and Miscellaneous Provisions Act 2023

Obligation on employer to consider request under section 20

21. (1) An employer who receives a request for a remote working arrangement submitted in accordance with section 20 (3) shall—

(a) consider that request, having regard to—

(i) his or her needs,

(ii) the employee’s needs, and

(iii) the requirements of the code of practice,

and

(b) as soon as reasonably practicable but, subject to subsection (2), not later than 4 weeks after receipt of the request—

(i) approve the request, which approval shall include an agreement prepared and signed by the employer and employee setting out—

(I) the details of the remote working arrangement, and

(II) the date of the commencement and the expiration, if any, of the remote working arrangement,

(ii) provide a notice in writing informing the employee that the request has been refused and of the reasons for the refusal, or

(iii) where subsection (2) applies, provide a notice in writing to the employee that the employer has extended the 4 week period under this subsection for a further period specified in the notice.

(2) Where an employer is having difficulty assessing the viability of the request for a remote working arrangement, the employer may extend the 4 week period referred to in subsection (1) by a further period not exceeding 8 weeks.

(3) When the agreement referred to in subsection (1)(b)(i) is signed by the employer and the employee, the employer shall retain the agreement and provide a copy of the agreement to the employee who shall retain it.