Working from home looks set to be scaled back, as the Government is expecting to have certain Civil Servants return to the office more frequently.

The Department of Social Protection has told staff that from February they’ll have to spend a minimum of two days per week in the workplace, while staff at higher levels will have to spend at least three days a week in person.

However, public service trade union Fórsa have told staff not to cooperate with this.

In a note issued to Fórsa members on Thursday, deputy general secretary Éamonn Donnelly said the departments involved had acted without properly consulting the union.

He also said they failed to honour the terms of the 2022 Blended Working Policy Framework, which provides for an ongoing review of blended working arrangements.

Professor in employment law at Maynooth University Michael Doherty told Newstalk Breakfast that “the legal status is a little bit unusual.”

“There was a Work-Life Balance Act – and the name is important – brought in there in 2023,” he said.

“What it provides for is a right to request remote working.

“So, the legal right for the employee is to ask the employer can the employee work remotely.

"The legal duty on the employer is to reasonably consider that fairly objectively against criteria and to let the employee know fairly quickly.”

Woman using a laptop on a dining room table set up as a remote office to work from home.  Issue date: Monday July 5, 2021.

Prof Doherty said it “could be” reasonable to ask a worker to come in two days to the office.

“That’s what the law says,” he said.

“There’s also, of course, the employment contract and if you’re in a unionised environment, it could be a collective agreement.

“So, there will be the terms of that to consider as well, you know, whether or not there’s something in there that guarantees a right or whether it’s something that is reviewed on an ongoing basis.

“In all instances, it’s expected that there’ll be consultation between the employer and the employees or the trade union.”

Analytics

Deputy general secretary for Fórsa Éamonn Donnelly said that a lack of analytics used to back this decision was also an issue.

“When I asked the Department of Social Protection what analytics had it used before its decision was reached, they said none,” he said.

“They also said that there was no requirement to consult the trade unions, which is a complete breach of the Blended Working Agreement.

“The factors that need to be taken into consideration are the operational need, the organisational need - but also the contribution to the State made by blended working, which the analytics that we have to hand suggest is more productive.”

Mr Donnelly said it “may or may not” be reasonable to ask employees to come into the office two days a week.

However, he said either way an analytical review and discussion with the union was needed.

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