What is the Right to Disconnect?
The term “right to disconnect” refers to an employee’s entitlement to disengage from work outside of normal working hours. It’s a concept that, at its core, recognises that workers should not be expected to be “always-on” to check or respond to work-related emails, messages, or calls during their personal time.
Whilst there is no explicit legislation in Ireland that legally enshrines this right, the Workplace Relations Commission (WRC) has published a Code of Practice on the Right to Disconnect which came into effect as of 1 April 2021. This code encourages Irish employers to implement clear policies and foster a culture where staff feel empowered to switch off after hours.
A Background on the Right to Disconnect
Advances in technology over the years have completely reshaped the way we work. The rise of smartphones and the proliferation of communication apps, social media, and cloud-based systems has made it easier than ever to stay connected 24/7 – both in our personal and professional lives. This “always on” culture can create an unspoken expectation for employees to respond to emails or messages well outside their contracted hours, eroding the boundary between work and personal life.
With the COVID-19 pandemic and the subsequent shift to remote and hybrid working, the challenge has intensified even more. Without the natural cues of a physical workplace, many employees have found it increasingly difficult to switch off. According to a Protime report, 67% of employees do not feel they can fully switch off from work or maintain a work-life balance. This, unsurprisingly, has led to rising levels of stress, burnout, and a growing recognition of the need to protect employees’ right to rest and recharge.
In response, governments across Europe have started to act. Ireland was among the first countries to introduce a national framework for the Right to Disconnect, signalling a clear commitment to healthier workplace practices and setting expectations for both employers and employees around out-of-hours communication. Implementing policies that support the Right to Disconnect is a proactive step employers can take to promote employee well-being and foster a sustainable work environment.
The Right to Disconnect Code of Practice
As we have mentioned, the Right to Disconnect was formally recognised here in Ireland 2021 with the introduction of the Code of Practice on the Right to Disconnect, issued by the WRC. While not legally binding (more on that later), the Code serves as an important framework for employers and employees. It sets clear expectations around out-of-hours work communications and is designed to complement existing employment laws including:
- Organisation of Working Time Act, 1997
- Safety, Health and Welfare at Work Act, 2005
- Employment (Miscellaneous Provisions) Act 2018
- Terms of Employment (Information) Act 1994 – 2014
The Right to Disconnect provides employees with the reassurance that they are entitled to switch off outside of normal working hours without fear of negative consequences. From an employer’s perspective, the Code offers valuable direction on how to handle workplace issues linked to digital overload (whether through informal discussions or formal procedures) and highlights the need to develop policies that reflect this evolving landscape.
The Code is not only about protecting employees. It is also intended to support employers in navigating new working realities. By helping staff avoid the strain of routinely working beyond their contracted hours, organisations can foster a healthier, more productive workplace culture and mitigate risks related to burnout and disengagement.
Key Elements of The Right to Disconnect Code of Practice
The Code outlines three central rights for employees:
- The right not to perform work outside regular working hours: Employees should not feel compelled to answer emails, calls or messages when they are off-duty. Clear boundaries help maintain work-life balance and promote wellbeing.
- The right to be protected from penalisation: Employees must not face negative consequences or penalisation for choosing not to engage with work-related communications outside of their agreed hours.
- The duty to respect others’ right to disconnect: Employers and employees alike should be mindful of when they communicate, respecting colleagues’ time and avoiding unnecessary out-of-hours contact where possible.
By adopting clear procedures that uphold these rights, employers can demonstrate leadership in creating a supportive and sustainable workplace — something increasingly expected by today’s workforce.
Employer Obligations in Relation to the Right to Disconnect
The Code of Practice makes it clear that promoting the Right to Disconnect is a shared responsibility between employers and employees. Creating an environment where staff feel supported in switching off after hours requires proactive effort, not only in setting policies, but also in embedding this principle into the everyday culture of the organisation.
While the Code encourages cooperation between both parties, the onus is firmly on employers to lead by example and put the right structures in place. In practice, this means:
- Developing clear policies on out-of-hours communication: Employers should create and communicate policies that set expectations around availability outside regular working hours. These should clarify when, if ever, contact is appropriate and reinforce that there is no obligation to respond outside of contracted hours.
- Fostering a workplace culture that supports disconnection: Policy alone is not enough. Employers should actively promote a culture where working beyond normal hours is discouraged and where employees feel confident stepping away from work once their day is done. This can be reinforced through leadership behaviour, training, and regular communication.
- Addressing systemic issues that drive overwork: If staff regularly feel under pressure to work late or stay connected, employers should examine whether workload, resources, or expectations need to be adjusted. Sustainable working practices not only protect employees’ health, they also support long-term organisational performance.
- Managing operations across multiple time zones: For businesses with global teams, the right to disconnect presents additional challenges. Employers should consider formalising agile or flexible working arrangements to ensure staff working across different time zones are not unfairly impacted. Clear guidelines can help balance operational needs with the employee’s right to uninterrupted personal time.
Are there Penalties for Non-Compliance with the Right to Disconnect Code of Practice?
Although not legally binding, the Code of Practice on the Right to Disconnect carries formal standing, having been issued under Section 20(2) of the Workplace Relations Act 2015. This means that while it does not create direct legal obligations or penalties, it serves as an important reference point in guiding the employment relationship between employers and employees.
From an employer’s perspective, it is essential to understand that the Code can still carry significant weight in employment disputes. Where issues arise around working hours, penalisation, or failure to safeguard work-life balance, the Code may be taken into account by bodies such as the Workplace Relations Commission (WRC) or the Labour Court when assessing whether an employer acted reasonably.
Failure to align workplace practices with the Code (for example, by not having clear policies or by fostering a culture that encourages or expects out-of-hours work) could strengthen an employee’s case in disputes. This may expose employers to legal, financial, and reputational risks.
The Argument for Implementing a Right to Disconnect Policy
A Right to Disconnect Policy is not just about risk management though. Embedding the right to disconnect within workplace policies and culture brings tangible benefits to both employees and employers. These include:
- Promotes employee wellbeing and supports a positive workplace culture: In one study in the UK, 72% of respondents agreed or strongly agreed that a “Right to Disconnect” could be favourable for their well-being. By clearly defining expectations around working hours, out-of-hours communications, and the use of technology, a Right to Disconnect Policy demonstrates the organisation’s commitment to protecting employee wellbeing. This helps to create a healthier, more sustainable working environment where individuals are supported to thrive.
- Improves morale and retention: Employees who feel trusted and empowered to fully disconnect outside working hours are more likely to feel valued and engaged. According to a Eurofound study, in companies with a right to disconnect policy, very high levels of job satisfaction are reported by twice as many workers and they also report a better work–life balance (92%, compared to 80%). A formal policy reinforces the company’s dedication to maintaining work-life balance – a key driver of job satisfaction and staff retention in today’s competitive market.
- Drives sustainable performance and productivity: When employees are encouraged to recharge properly during their personal time, they are more focused, energised, and consistent in their performance. According to isolved’s 2024 HR trends survey, 72% of employees say burnout has impacted their performance. Preventing overwork and reducing the risk of burnout helps maintain productivity over the long term – ensuring that both individuals and the organisation can perform at their best.
What Should be Included in a Right to Disconnect Policy
Okay so by now, hopefully, we have convinced you that a Right to Disconnect Policy is a worthwhile endeavour for your business. But how do you go about drafting one?
To be effective, the policy should be comprehensive, clearly worded, and tailored to reflect the needs of your business and workforce. We would recommend building your policy based on the following elements:
- Purpose and Scope: The policy should begin by explaining its aim — to promote a healthy work-life balance by setting clear expectations around out-of-hours work. It should also confirm who the policy applies to, covering all working arrangements (remote, hybrid, office-based) and levels of the organisation.
- Employer and Employee Obligations: Outline the shared responsibility between the organisation and its employees in upholding working time regulations and fostering a culture where disconnecting is respected.
- Definition of Normal Working Hours: Clearly define what constitutes normal working hours for different roles or teams. This ensures employees know when they are expected to be available, and when they are entitled to switch off.
- Out of Hours Communication Expectations: Set out when and how work-related communications should take place outside of standard hours, if at all. This may include encouraging the use of scheduling tools for non-urgent messages or limiting contact to agreed channels.
- On-Call and Emergency Situations: Some roles may require occasional out-of-hours availability. The policy should specify any exemptions and provide guidance on when it is appropriate to contact employees outside normal hours.
- Best Practices for Meetings: To minimise unnecessary out-of-hours work, promote good meeting habits such as sticking to defined start and end times, avoiding scheduling meetings outside normal hours where possible, and encouraging asynchronous communication when suitable.
- Global Timezone Considerations: If your organisation operates across multiple time zones, set clear expectations to avoid inadvertently creating pressure on employees to engage outside their core hours.
- Dispute Resolution Process: Provide a clear and confidential process for employees to raise concerns if they believe their right to disconnect is not being respected. This promotes trust and ensures issues can be addressed fairly and promptly.
It’s also important to provide both managers and employees with training on the topic of the Right to Disconnect. This should cover the importance of the Right to Disconnect, how to apply the policy in day-to-day work, and how to lead by example.
Conclusion
As the lines between work and personal life continue to blur, the Right to Disconnect has become an increasingly important consideration for employers. While not legally binding, the Code carries formal standing and should be treated as a valuable framework for shaping workplace culture and expectations.
By developing a clear policy, fostering a culture that respects work-life balance, and providing practical guidance to managers and employees, organisations can help protect employee wellbeing, improve morale, and drive sustainable performance. In doing so, they also reduce the risk of workplace disputes and demonstrate their commitment to being a responsible, forward-thinking employer.
For businesses seeking guidance on introducing a Right to Disconnect policy, The HR Suite can help. Our team can assist in developing a tailored policy that reflects your organisation’s specific needs and supports your people and your business.
