Remote Working in Ireland: What Employers Can and Can’t Do

With many FinTech and financial services employers implementing a return to office policy in 2026, there’s a notable shift that affects thousands of workers. What once was seen as a perk is now a core part of corporate structure. 

Increasing numbers of employers are introducing a new hybrid work policy and enforcing office attendance. The move back to physical desks and defined in-office days can feel at odds with a sector that’s driven by rapid innovation, creative thinking and productivity. 

It’s important to know your remote work rights and understand what can be expected of you, especially as the rules differ slightly between the Republic of Ireland and Northern Ireland.   

Remote work rights: Understanding your right to request

Remote working is where an employee works from a different location than the employer's physical workplace. Having more knowledge of your working from home (WFH) rights means you are better prepared to have informed, professional conversations with your employer.

Remote working is not an automatic legal right. But the law does state that you have the right to request remote or flexible working. Your employer must consider your request. 

In the Republic of Ireland, the Work Life Balance Act 2023 says that all employees are legally eligible to request remote work from their first day of employment. You must have 6 months of service before the arrangement can begin. Employers must respond to your request within 4 weeks (they can extend this to 8 weeks in complex cases).

In Northern Ireland, flexibility has become a day-one right to request. Employers must handle requests in a "reasonable manner" and must provide a final decision within 3 months, including a formal meeting and a right to appeal any refusal.

If you have questions about your contract or your right to request remote work, you can contact our Advice Centre team for a free, 15-minute call. 

Your remote work rights: What employers can and cannot do

Employers have rights which protect their business operations. Everyone in the company must understand the expectations of any hybrid work policy, as this helps the company’s operations to continue with ‘business as usual’. 

Employers can legally require the whole team to be in the office on specific days to facilitate collaboration, training, or onboarding. These are called “Anchor days”. 

Companies can refuse to allow remote working on genuine grounds. In the Republic of Ireland, employers must follow the Workplace Relations Commission’s Code of Practice when refusing.

In Northern Ireland, there are 8 specific statutory business grounds for refusal, such as the burden of additional costs or a negative impact on performance.

Employers have the right to withdraw from remote working arrangements if the setup has a "substantial adverse effect" on the business. They can withdraw from the agreement, provided they give reasonable notice and a clear, objective explanation.

Employers can use digital tools to monitor your performance at work. Monitoring must be "necessary and proportionate." The FSU has already led the way here, securing Europe’s first collective agreement on AI with Bank of Ireland to ensure a "human-in-command" approach to digital oversight. 

One of the many benefits of joining the FSU is that when united and represented by an expert team, a workforce can negotiate better deals with management. When it comes to remote working and return to office policies, we can answer questions about your contract and working rights. We also represent FinTech employees in the Workplace Relations Commission in the Republic and in industrial tribunals in Northern Ireland.

Working from home rules and what employers can’t do

There are several things your employer cannot do when enforcing a return-to-office policy. 

An employer cannot use the flexibility of remote work as a reason to lower your wages, bonuses, or contractual benefits. They must ensure health and safety at work. They still have a duty of care even if you are working at home. Your home office must be safe, and the employer is required to request a risk assessment.

Remote working policies must be applied fairly with no discrimination. Mandating a return only for specific groups, like those with caring responsibilities or disabilities, could lead to equality and discrimination claims.

Employers cannot ignore an employee’s right to disconnect. There are protections on your right to switch off from work, with a new code of practice introduced in 2026. Employers must be respectful of your personal time. 

Useful resources and your remote work rights

Take these proactive steps, especially if you are facing an unexpected change to your working arrangements.

1. Review your contract: Check the "place of work" clause. If it specifies a physical office or location, the company’s management has more power to mandate a return. However, your remote work rights still allow you to make a formal request for a change.
2. Submit a formal, statutory request: It’s best not to rely on verbal agreements. Use a formal template to ensure the employer meets their legal obligations to respond within the statutory timeframe (templates for Northern Ireland).
3. Prepare your business case. You will need to proactively address any likely concerns your employer may have, such as data security or ensuring effective team communications.

If you have questions about your contract and your remote working rights, our friendly Advice Centre team can provide confidential, expert legal guidance. 

How the FSU can help FinTech and financial services workers

The Financial Services Union (FSU) is the leading voice for FinTech and financial services workers across the island of Ireland. We have extensive experience supporting employees who are navigating these changes. Our Advice Centre supported members with over 3,200 interactions last year, providing expert guidance on pay, performance, and remote work disputes.

Our union has a proven track record of securing fair outcomes. During the recent return to office transitions at AIB, we successfully negotiated to lock in regional base locations for over 1,500 staff, ensuring flexibility is protected long-term. 

Don’t navigate these changes alone. Contact our Advice Centre today or join the FSU to protect your work-life balance and ensure your remote work rights are respected.

Contact our Advice Centre team for a free 15-minute call.