Ireland: The Right to Disconnect Q&A

The “right to disconnect”, or the ability of workers to disconnect from work-related communications and activities outside their normal working hours, has become a pressing issue following the COVID-19 pandemic and the widespread shift to remote and flexible working. While some workers may appreciate the increased autonomy and flexibility that remote working offers, others may face challenges in maintaining a healthy work-life balance, managing expectations and boundaries, and avoiding burnout and stress.

There are various approaches to the right to disconnect across jurisdictions. For example, while some jurisdictions rely on codes of practice, others address the right to disconnect via legislation, or restrict the right to teleworkers/remote workers only.

With different jurisdictions adopting or considering various legal and policy responses to address the right to disconnect, the below provides an overview of the current position in Ireland.

This Q&A is part of a series providing an overview of the current position and developments in 15 countries, highlighting the main challenges, opportunities, and best practices for employers and employees. This series includes contributions from Mayer Brown’s Employment & Benefits team and local counsel.

1. Is there a right to disconnect in your jurisdiction and, if so, when did it come into force?

There is a right to disconnect for employees in Ireland as of 1 April 2021.

2. Is the right governed by legislation, a code of practice or both?

The right is governed by the Code of Practice on the Right to Disconnect (the "Code"), which was published by the Workplace Relations Commission (the "WRC") (the Irish employment law tribunal).

3. Do all employees have a right to disconnect?

Yes, though this is limited by the non-binding nature of the Code.  Failure to adhere to the Code is not an offence per se, although the WRC can take account of such non-compliance by an employer when adjudicating in respect of other claims, for example, breach of working time legislation.

4. Are all employers obliged to provide the right to disconnect?

Yes, though this is limited by the non-binding nature of the Code as above.

5. What are the obligations on the employer?

The Code provides guidance to employers in complying with their existing statutory obligations, including:

• Providing information to employees on their working time, including what their normal working hours are reasonably expected to be in a “zero-hours” context;
• Ensuring that employees take rest periods;
• Ensuring a safe workplace, including reviewing the employer’s risk assessment and safety statement, and managing work activities so as to prevent (so far as reasonably practicable) any improper conduct or behaviour likely to put the safety, health and welfare at work of employees at risk; and
• Not penalizing an employee for acting in compliance with or performing any duty / exercising any right under health and safety legislation.

Employers are expected to create a “culture in which employees feel they can disconnect from work and work-related devices”. 

The Code outlines that employers should implement a Right to Disconnect policy which addresses the needs of customers, the importance of flexibility, the issue of working across different time zones, and the possibility of occasional working outside normal hours, but which emphasizes that there is an expectation that staff will disconnect from work emails, messages, etc. outside of their normal working hours and during annual leave.

6. What happens if an employer fails to comply with its obligations?

The Code itself is not legally binding and therefore, an employee cannot bring a claim for breach of the Code or breach of the right to disconnect.  However, the Code emphasizes compliance with existing statutory obligations under the (i) Organisation of Working Time Act 1997; (ii) Safety, Health & Welfare at Work Act 2005; (iii) Employment (Miscellaneous Provisions) Act 2018; and (iv) Terms of Employment (Information) Act 1994.  Further, a failure to comply with the Code may be taken into account if an employee brings a complaint under the foregoing legislation to the WRC, the Labour Court or a Court, for example, a working time complaint.

7. Have there been any reported cases on the right to disconnect?

There have only been a handful of complaints mentioning the right to disconnect since the Code came into force.

Employees have occasionally included as part of their WRC complaints a claim that their right to disconnect has not been respected, but this has not, to date, resulted in a finding that an employer has failed to comply with the Code in any case. 

8. What are the benefits and challenges of the right to disconnect in practice?

The right to disconnect is a reminder to employers to follow best practice in complying with other statutory obligations, in particular obligations under the working time legislation.  It also encourages employees to have a work/life balance by refraining from engaging in work emails and calls outside of their normal working hours, therefore encouraging well-being practices and preventing burn-out.  Adopting a balanced approach to rolling out the right to disconnect also has noted benefits from a recruitment and retention perspective.

However, the right to disconnect imposes challenges, particularly for multi-national companies, who may require employees to be flexible and join calls outside of their normal working hours in order to connect with their global team across multiple time zones.  In addition, some employers may have particular transactions or work streams that require employees to be available outside of their normal working hours at certain times in order to meet business and operational needs.

9. Has the right to disconnect had a significant impact on the workplace since it came into force?

The right to disconnect has not had a significant impact on the workplace in practice. It was anticipated that the Code would have a considerable impact on the Irish workplace, but the impact has generally been limited to the creation of Right to Disconnect policies, the amendment of other policies to ensure compliance with the Code and making it clear that employees may be required to work outside of their normal working hours in order to meet business and operational needs. There have been other minor practical steps to change workplace culture, such as a line in employees’ email signatures specifying that no immediate response is expected outside of normal working hours or training staff on the importance of respecting their co-workers’ right to disconnect.

10. Are there any changes on the horizon relating to the right to disconnect in your jurisdiction?

There is no forthcoming domestic legislation or guidance on the right to disconnect anticipated in Ireland.  However, the European Commission launched in April 2024 a first-stage consultation of the social partners on the right to disconnect and fair “telework” (remote working).  Direct negotiations between the social partners failed in 2023, so this consultation represents the Commission itself taking steps to legislate on the right to disconnect.  However, it will likely be some time before any draft legislation is published.

AUTHORS FROM MATHESON
Ailbhe Dennehy, Partner
Jill Barrett, Senior Associate
Jack Heron, Solicitor