As of 1st April 2021, all employees officially have the Right to Disconnect from work and have a better work-life balance, after the Government published a new Code of Practice. The right to disconnect code builds on the solid foundations of the Organisation of Working Time Act, 1997 (OWTA 1997) which is the primary legislation that covers working time for all employees in Ireland.

This is part of the Government commitment to create more flexible family-friendly working arrangements, including working from home and working more flexible hours.

The Code was developed by the Workplace Relations Commission (WRC) to provide practical guidance and best practice to employers, employees and their representatives in relation to the Right to Disconnect. The Code reflects the WRC’s objective to achieve harmonious working relations between employers and employees through promoting compliance with relevant employment, equality and equal status legislation and codes of practice, early dispute resolution, mediation, conciliation, facilitation and advisory services, and adjudication on complaints and disputes.

Specifically, the Code is designed to:

• Assist employers and employees in navigating an increasingly digital and changed working landscape which often involves remote and flexible working.
• Provide assistance to those employees who feel obligated to routinely work longer hours than those agreed in their terms and conditions of employment.
• Assist employers in developing and implementing procedures and policies to facilitate the Right to Disconnect.
• Provide guidance for the resolution of workplace issues arising from the Right to Disconnect both informally and formally, as appropriate.
• Complement and support employers’ and employees’ rights and obligations under the Organisation of Working Time Act, 1997 (OWTA 1997), the Safety, Health and Welfare at Work Act, 2005 (SHWWA2005), the Employment (Miscellaneous Provisions) Act 2018 and the Terms of Employment (Information) Act 1994 – 2014.

The Right to Disconnect gives employees the right to switch off from work outside of normal working hours, including the right to not respond immediately to emails, telephone calls or other messages.

There are three rights enshrined in the Code:

• the right of an employee to not have to routinely perform work outside their normal working hours
• the right not to be penalised for refusing to attend to work matters outside of normal working hours
• the duty to respect another person’s right to disconnect (for example: by not routinely emailing or calling outside normal working hours)

The Code of Practice needs employers and employees to work together to determine the appropriate working arrangements and policies. Because the Code is flexible, employees will have more options to work outside of traditional hours, which many people have availed of during the pandemic. It also reflects the fact that many Irish employees are part of a global network, requiring contact with colleagues around the world.

While placing the onus of management of working time on the employer is appropriate, individual responsibility on the part of employees is also required (for example: being mindful of other colleagues’ right to disconnect or cooperating with any employer mechanism to keep a record of hours worked).

Creating the Policy 

It is recommended that a Right to Disconnect Policy be drafted and communicated to employees to ensure that all are aware of their right to disconnect.

This policy, at a minimum, should include the following:

• What is the Purpose and Scope of the policy?
• Employer and Employee Obligations in relation to Working time
• Normal Working Time
• Out of Hours Communication
• Meetings
• Working across global time zones (if applicable)
• How to raise a concern – informally or formally

Codes of Practice are written guidelines, agreed in a consultative process, setting out guidance and best practice for employers and employees with respect to compliance with employment legislation.

 Further updates may be made to put the right to request remote working into law.

Failure to Follow a Code

While failure to follow a Code prepared under the Workplace Relations Act, 2015 is not an offence in itself, section 20(9) provides that in any proceedings before a Court, the Labour Court or the WRC, a Code of Practice shall be admissible in evidence and any provision of the Code which appears to the court to be relevant to any question arising in the proceedings shall be considered in determining that question.

The purpose of the Code is to provide practical guidance and best practice to employers, employees and their representatives in relation to the Right to Disconnect. The Code is designed to provide guidance for the resolution of workplace issues arising from the Right to Disconnect both informally and formally.

If problems or issues arise, employees have the right to raise the matter with the WRC.