As hybrid and remote working models become more common across the island of Ireland, it’s essential for both employers and employees to understand the legal implications, especially when work is carried out across jurisdictions. Employment law, data protection, and flexible working rights vary between the Republic of Ireland and Northern Ireland, and careful planning is needed to remain compliant.
Cross-Border Employment Law: Which Jurisdiction Applies?
When an employee works in more than one jurisdiction, it must be established which country’s employment laws apply. This can be complex in hybrid arrangements, especially when workdays are split between jurisdictions.
- Legal advice from a cross-border employment solicitor is strongly recommended.
- Employment contracts may need to be revised to reflect the new working arrangements.
- Future changes in employment law must be monitored to ensure ongoing compliance.
Data Protection and GDPR
Both employers and employees must comply with GDPR when handling sensitive data outside the normal workplace. This includes:
- Ensuring secure access to company systems
- Protecting personal and client data
- Following internal data handling policies
Flexible Working Requests: Republic of Ireland
Under the Work Life Balance and Miscellaneous Provisions Act 2023, employees in ROI have the statutory right to request flexible and remote working. The Workplace Relations Commission (WRC) Code of Practice outlines the process:
Key Points:
- Requests must be made in writing or online, at least 8 weeks before the proposed start date.
- Employers must respond within 4 weeks, with an option to extend by another 8 weeks.
- Employers must consider both business needs and the employee’s circumstances.
- Approved arrangements must be documented and signed by both parties.
- Employers may terminate the arrangement if it causes substantial adverse effects on business operations.
Equality Considerations:
Employers must ensure compliance with the Employment Equality Acts 1998–2015, including equal access to:
- Training
- Career development
- Promotion opportunities
Health & Safety:
The Department of Enterprise, Tourism and Employment confirms that employers remain responsible for health and safety, even when employees work remotely.
Flexible Working Requests: Northern Ireland
Under Northern Ireland law, employees have the statutory right to request flexible working if they:
- Have worked for their employer for 26 continuous weeks
- Are not agency workers (with some exceptions - returning from period of parental leave or in the armed forces)
- Have not made another request in the past 12 months
Application Process:
- Requests must be in writing, stating:
- Desired working pattern
- Start date
- Impact on the business and how it could be managed
- Employers must respond within 28 days and provide written confirmation of acceptance or rejection.
- If rejected, employees have the right to appeal.
Grounds for Refusal:
Employers may reject requests based on:
- Additional costs
- Impact on customer demand
- Staffing limitations
- Quality or performance concerns
- Planned structural changes
Protection:
Employees are protected from dismissal or discrimination related to flexible working requests. Complaints can be made to an Employment Tribunal.
Upcoming Changes: Northern Ireland Employment Bill
The Good Jobs Employment Rights Bill, proposed by Economy Minister Dr Caoimhe Archibald, is expected to become law by 2027. Key proposals include:
- Day-one right to request flexible working
- Two statutory requests per year
- Removal of the requirement to explain the impact on the employer
- Enhanced rights for carers and neonatal leave
- Stronger protections against dismissal and discrimination
Disability-Related Flexible Working
Employers in Northern Ireland must comply with the Disability Discrimination Act 1995, including the duty to make reasonable adjustments for disabled employees requesting flexible working.
Final Advice
When considering hybrid or remote working arrangements:
- Review employment contracts
- Seek legal advice for cross-border compliance
- Follow statutory procedures for flexible working requests
- Ensure GDPR and health & safety compliance
- Monitor legislative changes in both jurisdictions
Need Help?
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Article published by the InterTradeIreland Trade Hub Team: October 2025