Work Life Balance and Miscellaneous Provisions Act 2023

Abuse of remote working arrangement

25. (1) An approved remote working arrangement is subject to the condition that the employee continues to discharge all of their duties of employment in accordance with the agreement referred to in section 21 (1)(b)(i).

(2) Where an employer has reasonable grounds for believing that an employee who is on an approved remote working arrangement is not discharging all of their duties of employment in accordance with the agreement referred to in section 21 (1)(b)(i), the employer may, by notice in writing given to the employee, terminate the approved remote working arrangement and the notice shall contain a statement in summary form of the grounds for terminating the arrangement and shall specify the day (being a day not later than the date of the end of the period of the arrangement, if any, specified in the agreement referred to in section 21 (1)(b)(i), nor, subject to the foregoing requirement, earlier than 7 days after the date of the receipt by the employee concerned of the notice) on which the employee must return to work.

(3) Where an approved remote working arrangement is terminated under subsection (2), the employee concerned shall return to the employee’s original working arrangement on the day specified in the notice under that subsection.

(4) Where an employer proposes to give a notice under subsection (2) to an employee, the employer shall, before giving the notice, give notice in writing of the proposal to the employee and the notice shall contain a statement in summary form of the grounds for terminating the remote working arrangement concerned and a statement that the employee may within 7 days of the receipt of the notice make representation to the employer in relation to the proposal, and any such representations made by an employee to an employer within the period aforesaid shall be considered by the employer before he or she decides whether to give a notice under subsection (2) to the employee.

(5) A person shall retain a notice under this section given to him or her and a copy of a notice under this section given by him or her.