Right to Disconnect Policy (Ireland)

A Right to Disconnect Policy in Ireland sets out the standards, responsibilities, and procedures the organisation expects everyone to follow, as regulated by the Organisation of Working Time Act 1997.

The policy formalises what many employees consider a basic professional expectation but what has become increasingly difficult to maintain in the context of remote and hybrid working, always-on smartphone technology, and competitive business pressures. Without a clear policy, there is an implicit cultural assumption in many workplaces that employees should be available beyond their contracted hours, particularly for management and professional roles. The Code of Practice directly challenges this assumption and provides a framework for addressing it.

The legal status of the Code in Ireland means that, while failure to have a policy is not itself an offence, it will be taken into account by the WRC or Labour Court in any employment dispute where out-of-hours working patterns are relevant. This includes unfair dismissal claims (where the employee argues the out-of-hours culture was a contributing factor), constructive dismissal claims, claims under the Organisation of Working Time Act 1997 (for breach of maximum working hours or rest period obligations), and personal injury claims arising from work-related stress.

The Code was developed against the backdrop of EU-level discussion on the right to disconnect, including the European Parliament's January 2021 resolution calling on the European Commission to propose a directive on the right to disconnect. While no binding EU directive has yet been enacted, Ireland's Code of Practice positions Irish employers ahead of likely future EU requirements and demonstrates a proactive approach to employee wellbeing.

The Organisation of Working Time Act 1997 is the foundational statute governing working hours in Ireland. Under Section 15, no employee may be required to work more than an average of 48 hours per week over a four-month reference period. Section 11 requires a minimum daily rest period of 11 consecutive hours in each 24-hour period, and Section 13 requires a minimum weekly rest period of 24 consecutive hours in each seven-day period. The Health and Safety Authority (HSA) enforces these provisions and investigates complaints about excessive working hours under the Safety, Health and Welfare at Work Act 2005. The Work Life Balance and Miscellaneous Provisions Act 2023 introduced a new statutory right for employees to request remote working and flexible working arrangements, with the Workplace Relations Commission (WRC) publishing its Code of Practice on the Right to Request Remote Working in January 2024. The Data Protection Commission (DPC) has also issued guidance on the use of monitoring technologies in remote working environments under the Data Protection Act 2018 and GDPR Article 6, which is directly relevant to out-of-hours digital connectivity expectations. Disputes about the right to disconnect may be brought before the WRC under the Industrial Relations Act 1969 or as part of broader unfair dismissal or discrimination claims before the Labour Court under the Workplace Relations Act 2015.

A Right to Disconnect Policy is needed by every Irish employer, but it is particularly urgent for employers in the following circumstances: organisations that have moved to remote or hybrid working arrangements following the COVID-19 pandemic; employers in sectors with strong 'always-on' cultures such as financial services, legal, consulting, technology, and media; organisations where employees work across multiple time zones and where after-hours contact may seem routine to some but disruptive to others; and employers who have received employee feedback about work-life balance concerns or who have identified high levels of overtime or out-of-hours working in HR data.

The policy is also important for employers who are party to a collective agreement with a trade union, as the WRC Code specifically references the role of trade unions in the implementation and monitoring of right to disconnect arrangements. Where a union is recognised, the policy should be the subject of collective consultation under the normal industrial relations procedures.

For smaller employers without a dedicated HR function, the policy is equally important, even if less complex. The WRC Code applies to all employers regardless of size, and a simple, clearly written policy that reflects the Code's key requirements provides meaningful protection against claims and communicates respect for employees' personal time.

Following the introduction of the Work Life Balance and Miscellaneous Provisions Act 2023, which gave employees new statutory rights to request flexible and remote working arrangements, the right to disconnect has become even more significant. Employees working from home on a regular basis face a particular risk of boundary erosion between work and personal time, and a clear disconnect policy is an essential complement to any remote or flexible working policy.

A WRC-compliant Irish Right to Disconnect Policy should contain the following key elements:

**Purpose and Scope:** A statement of the policy's purpose (to protect employees' rest time and wellbeing and to comply with the WRC Code of Practice) and its scope (all employees, all levels, including remote workers and those on flexible arrangements).

**Definition of Working Hours:** For each role or grade, a clear definition of normal contracted working hours. For employees on flexible working arrangements, the core hours within which they are expected to be available should be defined separately.

**Three Core Rights:** A positive statement of the three rights identified in the WRC Code: the right not to routinely perform work outside normal working hours; the right not to be penalised for refusing to attend to work matters outside normal working hours; and the right to disconnect from work-related technology outside normal working hours.

**Manager Responsibilities:** Specific obligations on managers including: not routinely sending communications outside normal hours; marking non-urgent communications clearly; planning workloads within normal hours; and monitoring and acting on patterns of out-of-hours working.

**Technology Guidance:** Recommended practices including: using delayed send functions for out-of-hours emails; adding out-of-hours message banners to email signatures; avoiding scheduling meetings at the edges of the working day; and muting or restricting notifications outside working hours.

**Emergency Protocol:** A narrow, defined exception for genuine business emergencies, specifying who may invoke it, how the employee will be contacted, and what compensation or time off in lieu applies.

**Non-Penalisation Assurance:** An explicit statement that no employee will suffer any adverse consequence — including in performance reviews, promotional decisions, or work allocation — for exercising their right to disconnect.

**Complaints and Review:** The procedure for raising concerns about out-of-hours working expectations — including the designated contact (HR, line manager, or employee representative) — the timeframe for responding to complaints, and the frequency of formal policy review (at minimum annually, or following any significant change to working patterns or relevant legislation).

**Working Time Compliance:** A statement confirming that the policy operates alongside the employer's obligations under the Organisation of Working Time Act 1997 (maximum 48-hour average working week under Section 15, minimum 11-hour daily rest under Section 11, and minimum 24-hour weekly rest under Section 13) and that any exception for genuine emergencies will not be treated as a waiver of these statutory entitlements. The Health and Safety Authority (HSA) has enforcement powers under the Safety, Health and Welfare at Work Act 2005 with respect to excessive working hours.

**Remote Working Integration:** An acknowledgment that the policy applies with full force to employees working remotely or on hybrid arrangements under any agreement made pursuant to the Work Life Balance and Miscellaneous Provisions Act 2023, and that the use of employer-provided devices outside working hours is subject to the same disconnect protections.

**Data Protection and Monitoring:** A statement that any workplace monitoring of out-of-hours device usage must comply with the Data Protection Act 2018, GDPR Article 6, and the Data Protection Commission (DPC) guidance on employee monitoring, and that monitoring data will not be used to assess whether an employee is working out of hours in a way that penalises disconnect behaviour.

**Dispute Resolution:** Confirmation that employees may raise disputes about out-of-hours working expectations through the employer's internal grievance procedure and, if unresolved, may refer complaints to the Workplace Relations Commission (WRC) under the Industrial Relations Act 1969 or as part of broader claims under the Unfair Dismissals Acts 1977–2015 or Employment Equality Acts 1998–2015, with the Labour Court hearing appeals under the Workplace Relations Act 2015. The forms-legal.com Right to Disconnect Policy (Ireland) template covers the mandatory elements under the WRC Code of Practice for Employers and Employees on the Right to Disconnect and the Organisation of Working Time Act 1997.