1. Introduction
The case of Heather Farrell v Salesforce.com Ireland Limited (ADJ-00052842) is a leading early decision on the right to request flexible working under the Work Life Balance and Miscellaneous Provisions Act 2023. The decision addresses the procedural requirements imposed on employers and the scope of the Adjudication Officer’s jurisdiction.
This article addresses the Farrell decision, the procedural framework for flexible working requests, and the practical implications for both employers and employees.
2. Legislation and Case Law
Section 13 of the Work Life Balance and Miscellaneous Provisions Act 2023 provides that an employee who is a parent or carer of a person specified in Section 13(2) may submit a written request to his or her employer for an approved flexible working arrangement. The request must comply with the requirements of Section 14.
Section 14 sets out the form and content of the request. The request must be in writing, must specify the form of flexible working sought (such as part-time working, term-time working, compressed hours, or another arrangement), must set out the start date and duration, and must set out the reasons for the request.
Section 15 imposes obligations on the employer. The employer must consider the request, having regard to the needs of the employer and the employee and to the WRC Code of Practice. The employer must respond in writing within four weeks (extendable by up to a further eight weeks).
Section 16 sets out the employer’s response options. The employer may approve the request, propose an alternative arrangement, or refuse the request and set out the reasons for refusal. The reasons must be substantive and must reflect a genuine consideration of the request.
Section 17 provides for complaints to the WRC. The remedy is compensation of up to 20 weeks’ remuneration. The Adjudication Officer’s jurisdiction is procedural.
3. Decision
In the Farrell case, the Complainant sought a flexible working arrangement to care for her young children. The Respondent considered the request and, following an internal process, declined to approve the arrangement as proposed but offered alternative arrangements.
The Complainant brought a complaint under Section 17 alleging procedural deficiencies in the Respondent’s consideration of the request. The Adjudication Officer examined the procedural compliance of the Respondent.
The Adjudication Officer found that there had been procedural deficiencies in the Respondent’s handling of the request. The deficiencies fell short of a complete failure but were sufficient to warrant a finding of breach.
The Adjudication Officer awarded compensation of €1,000, reflecting the procedural nature of the breach and the moderate impact on the Complainant. The award is illustrative of the modest range of compensation typically awarded in procedural complaints under the right to request regimes.
4. Takeaway
For employers, the Farrell decision underlines the importance of procedural compliance even where the underlying decision is reasonable. The employer’s process should be clearly documented, with evidence of consideration of each aspect of the request and a substantive response.
Employers should have regard to the Code of Practice in considering requests. The Code identifies the matters to be considered and provides a structured approach to the decision. Departures from the Code’s approach should be justifiable.
For employees, the procedural protections offer a meaningful but modest remedy. Compensation awards in the procedural complaint range are typically modest and unlikely to deliver the substantive outcome (the requested arrangement) sought by the employee.
Practitioners should consider the right to request alongside parallel protections. A request that is mishandled may give rise to complaints under multiple regimes, including the Employment Equality Acts where the matter touches on a protected ground (such as family status).
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
