The right to disconnect
Employees have the right to disconnect provides employees with the right not to perform work outside of regular working hours, writes Caroline Reidy
Print11 April 2025
The Right to Disconnect, in Ireland was formally recognised in 2021 through a Code of Practice on the Right to Disconnect, introduced by the Workplace Relations Commission (WRC). This is part of the Government commitment to create more flexible family-friendly working arrangements, including working from home and working more flexible hours. In recent years, the working day has come under threat from an “always on” work culture.
The Right to Disconnect, provides employees with the right to disengage from work-related communications outside of normal working hours without facing repercussions.
Legislation
Section 20(2) of the Workplace Relations Act, 2015 provides, at the request of the Minister, for the preparation of draft Codes of practice by the WRC for submission to the Minister for Enterprise, Trade and Employment. 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.
While failure to follow a Code prepared under section 20(1)(a) of 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, body or officer concerned to be relevant to any question arising in the proceedings shall be considered in determining that question.
What is the Right to Disconnect?
The right to disconnect encompasses three main elements:
- The right not to perform work outside of regular working hours: Employees are not obligated to respond to work-related emails, calls, or messages when off-duty.
- The right to be protected from penalisation: Employees should not face negative consequences for choosing not to engage in work-related communications outside working hours.
- The duty to respect others’ right to disconnect: Employers and employees alike should respect their colleagues’ time and avoid unnecessary communication outside working hours.
Scope and application
This is a Code of Practice, meaning it is not a legally binding statute. However, it can be used as evidence in disputes, such as claims of unfair treatment or breaches of work-life balance rights.
Employers are encouraged to incorporate the Right to Disconnect into their workplace policies and practices, ensuring clarity on expectations.
Employee protections
Employees can raise grievances if they feel their right to disengage is not respected.
The Code of Practice complements existing laws, such as the Organisation of Working Time Act, 1997, which limits the maximum working hours and mandates rest breaks.
Employer responsibilities
Employers are required to:
- Develop clear policies regarding out-of-hours communication.
- Ensure their workplace culture supports the right to disconnect.
- Address any systemic issues that pressure employees to work beyond their contracted hours.
- Employers with operations in multiple time zones should consider putting agile working arrangements into a more formalised standing with a view to ensuring balance between the employees normal working hours and the operational needs of the business.
- More employers are likely to invest in time recording software to ensure their compliance with the Organisation of Working Time Act and also to demonstrate their commitment to the right to disconnect.
Context and challenges
The introduction of the right to disconnect reflects broader trends, such as increased remote working during the COVID-19 pandemic.
Practical implementation can be challenging in certain industries where work hours are less defined, or in roles requiring high flexibility.
Legal context
While the code of practice provides guidelines, Irish labour laws do not currently have a specific, enforceable right to disconnect. However, the Code strengthens employees’ arguments in disputes related to working hours or unfair treatment.
Dispute resolution
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, and:
- Complement and support employers’ and employees’ rights and obligations under the Organisation of Working Time Act, 1997 (OWTA), the Safety, Health and Welfare at Work Act, 2005 (SHWWA), the Employment (Miscellaneous Provisions) Act 2018 and the Terms of Employment (Information) Act 1994 – 2014
- 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
If problems or issues arise, employees have the right to raise the matter with the WRC.
The full code is available to view at www.workplacerelations.ie
If you are an organisation based in the Republic of Ireland and require further information or advice relating to HR, please do not hesitate to contact our office on (066)7102887 or email us at info@thehrsuite.com. For more information visit www.thehrsuite.com or read our blog.
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