Working from home

Upcoming changes on the right to request remote working

The draft Work Life Balance and Miscellaneous Provisions Bill 2022 will give employees a legal right to request remote working. The draft Bill needs to go through the full legislative procedure before it becomes law.

Can I continue to work from home?

You do not have a right to work from home. Legislation is under discussion which will give you a legal right to request remote working but it will be up to your employer to agree to the request. See ‘Upcoming changes on the right to request remote working’ above.

Check what your contract says

Your employment rights are primarily set out in your contract of employment. Some employees may have already written into their contract of employment that they can work from home for a number of hours or days per week. Those entitlements will remain the same.

Most contracts of employment have a requirement that the employee must appear at a designated place of work. It is also common for employers to have a right to change the designated place of work. In those circumstances, employers can insist on you returning to the workplace.

You should talk to your employer first to see if you can continue to work from home. This will vary between employers, you may be allowed to have a ‘blended’ or ‘hybrid’ work arrangement, which is a mix of working from home and in the workplace. The Government has asked employers to develop longer-term arrangements for blended or remote working having regard to their operational requirements.

Employers' duties

Employers have specific duties to ensure the safety, health and welfare at work of all their employees. These duties include the employee’s workspace if employees work from home. Key duties include:

• Managing and conducting all work activities to ensure, as far as reasonably practicable, the safety, health and welfare of employees
• Providing safe work that is planned, organised, and maintained
• Assessing risks and implementing appropriate control measures
• Providing safe equipment including personal protective equipment, where necessary
• Giving information, instruction, training and supervision about safety and health to employees
• Having plans in place for emergencies

If employees have a disability, are young workers or are pregnant, employers need to ensure that the tasks and working conditions do not adversely affect their health. You can get more information on sensitive risk groups.

Your employer should check with you to ensure:

• You are aware of any specific risks when working from home
• The work activity and the temporary workspace are suitable
• You have suitable equipment to do the work. For example, your employer should make sure that the applications and systems you need are installed on your computer
• There is a pre-arranged means of contact

Equipment and your workspace at home

If your employer provides equipment, for example, a laptop, mouse, keyboard and headset it must be in good condition and suitable for the activity. If you already have suitable equipment at home, it can be used temporarily.

Employers must check that your temporary home workspace is suitable for the work. This includes things like safe access to the space, essential equipment, that the space is big enough and free of clutter, there is adequate lighting, ventilation, heat, and that electrical sockets, plugs and cords are in good condition.

You can find tips on how to manage work-related musculoskeletal health and other advice on ergonomics on the HSA website.

Employers need to communicate regularly with employees and ensure that employees are taking adequate breaks.

Employers should also:

• Keep in contact with employees
• Give regular updates to each employee
• Have emergency contacts and procedures in place
• Ensure employees take adequate breaks – see our document on rest periods and breaks.

Even though you are working from home you should have the same access to training and promotion opportunities as comparable colleagues working in the office.

There is an employer’s remote working checklist. You can also find advice on remote work-related stress and other aspects of working from home in the remote working section of the HSA website.

The right to disconnect from work

As well as making sure your employee takes adequate breaks, you should also respect their right to disconnect from work outside of normal working hours.

The Code of Practice on the Right to Disconnect (pdf) is effective since 1 April 2021 and applies to all employees, including people working from home. Developed by the WRC, the Code of Practice provides guidance on an employee’s right to disengage from work outside normal working hours.

Under the code, the right to disconnect has the following main elements:

• A right not have to routinely work outside normal working hours
• A right not to be penalised for refusing to work outside normal hours
• A duty to respect another person’s right to disconnect, for example by not routinely emailing or calling outside normal working hours

As an employer, you are encouraged to develop a ‘Right to Disconnect Policy’. Consult your employees when developing this policy, and make sure they understand what their normal working hours are.

Check that the policy factors in health and safety legislation, as well as your employees’ terms and conditions of employment. You should communicate this policy to all employees, unions and any other employee representatives.

You can find a template of a ‘Right to Disconnect Policy’ (pdf) on page 11 of the WRC handbook.

While failure to follow the code is not an offence, it can be used as evidence in a case taken to the Labour Court or WRC under employment legislation.

Employee responsibilities

If you are working from home, you have a responsibility to take reasonable care of yourself and other people who may be affected by the work you are doing.

You must:

• Cooperate with your employer and follow their instructions
• Protect yourself and others from harm during the course of your work. For example, you must take care of your equipment and report any problems immediately to your employer
• Report injuries to your employer immediately
• Follow any procedures put in place by your employer, for example, around checking in regularly
• Make sure you manage your own working time (see 'right to disconnect' below)

You should:

• Agree temporary remote working arrangements with your employer, including regular communication with them
• Identify the work to be done at home with your employer
• Identify the equipment you need to set up a safe workspace at home and agree this with your employer
• Identify a suitable safe space within your home for home working
• Agree plans and contacts to be used in the event of an emergency
• Ensure you have a suitable workspace – See good positioning at your workstation (pdf)

You have a right to disconnect from work outside of your usual working hours. This means you have the right to switch off and not respond immediately to work-related emails, calls or messages outside of usual work times. Similarly, you should respect your colleagues’ right to disconnect from their work too. Read about the Code of Practice on the Right to Disconnect (pdf) in the WRC handbook.

People working from home may feel reluctant to tell their employer that they are unwell. It is important to note that if you are feeling unwell the normal sick leave rules still apply.

General tips for working from home

We have summarised general tips to help you look after your health and well-being while working from home. Try to:

• Stick to your normal routine as much as possible, starting your day as you normally would: shower, getting dressed and eating breakfast
• Keep times for lunch, dinner as close to normal as you can
• When taking breaks resist the temptation to just go and make a coffee and come back to your workspace. Make the effort to go into another room or out to the garden, if you have one
• Log off for your lunch break
• If your partner is also working from home, arrange to have breaks together in another room or in the garden, if you have one
• Give your eyes a break, for 5 to 10 minutes every hour. Get up, move around and take your eyes off the screen
• Try to limit your social and news media intake
• Exercise, stretch and go out for a walk if possible
• Make sure you rest and get a good night’s sleep
• Restrict the amount of alcohol you consume during the week to help you stay focused
• Eat healthy foods even though as it is tempting to increase your intake of snack foods
• Keep in touch with your colleagues, pick up the phone or video call colleagues that you would usually spend breaks or lunchtime with and chat to them for a few minutes

E-working and tax relief

If you are working from home, you may be eligible for tax relief on expenses like light, heat, telephone and broadband.

If your employer pays you an allowance towards these expenses, you can get up to €3.20 per day without paying any tax, PRSI or USC on it. If your employer pays more than €3.20 per day to cover expenses, you pay tax, PRSI and USC as normal on the amount above €3.20.

If your employer does not pay you an allowance for your expenses, you can make a claim for tax relief at the end of the year. You will get money back from the taxes you paid. From January 2022, you can claim remote working relief for 30% of the cost of heating, electricity and broadband for days spent working from home.

You can read more about E-working and tax relief.

Should I pay tax on equipment from my employer?

If your employer gives you equipment that you need to do your work, like a computer or printer, and you mainly use it for work, it is not considered a benefit in kind. This means that you do not have to pay any tax for receiving the equipment from your employer.

Capital Gains Tax

If you use only part of your home for e-working, your home remains your Principal Private Residence and you are not liable for CGT when you sell it.

You can get more information from Revenue.