Right to Disconnect in Ireland: What the WRC Code Expects of Employers

Ireland's Code of Practice on the Right to Disconnect applies to employers and employees in every sector, including people working from home. It is guidance rather than a rulebook, but it can be used as evidence in disputes, so it matters for HR teams who are writing or reviewing a policy. This guide sets out what the Code says, based on the text published on the Irish Statute Book and the Citizens Information page, and notes where the Code is silent. It sits alongside our guide to working time compliance in the UK and Ireland.

Status of the Code

The Code was made as S.I. No. 159 of 2021 by the Minister for Enterprise, Trade and Employment. It was signed on 31 March 2021, with notice in Iris Oifigiúil on 6 April 2021, and is dated March 2021. The statutory instrument does not give a commencement date, but Citizens Information says the Code has been effective since 1 April 2021. The order declares it an approved code under the Workplace Relations Act 2015, which means it is admissible in proceedings before a court, the Labour Court or the Workplace Relations Commission (WRC), and relevant provisions must be taken into account. Failure to follow it is not an offence in itself.

The three elements of the right

The Code describes the right to disconnect as three elements. First, an employee's right not to routinely perform work outside normal working hours. Second, the right not to be penalised for refusing to work outside those hours. Third, a duty to respect other people's right to disconnect, for example by not routinely emailing or calling them outside normal working hours.

What the Code expects of employers

The employer duties it describes draw on existing law. According to the Code, employers should:

• keep records of hours worked under the Organisation of Working Time Act 1997 and make sure the 48-hour average weekly limit is respected;
• provide working-time terms under the Terms of Employment (Information) Acts and inform staff of their normal working hours;
• make sure statutory breaks, daily and weekly rest periods, annual leave and public holidays are respected;
• manage work so that it does not endanger safety, health or welfare, and review the risk assessment and safety statement where needed; and
• not penalise employees for complying with the law or exercising their rights.

What it expects of employees

Employees are expected to manage their own working time and take reasonable care of their safety, health and welfare, and to cooperate with any working-time recording system, including when working remotely. They are also asked to be mindful of colleagues', clients' and others' right to disconnect, to notify the employer in writing of any statutory rest break they have missed, with the reason, and to monitor their own work pattern and wellbeing.

What a good policy looks like

The Code recommends a written policy. Its guidance on the content includes the following:

• Develop the policy with employees and, where applicable, their trade union or representatives, and frame it as supporting disconnection rather than restricting communication.
• Expect staff to disconnect outside normal hours and during annual leave, while allowing for legitimate exceptions such as rosters, short-notice cover, emergencies and operational needs.
• Where teams work across time zones, make clear that a message sent out of hours does not need a reply in the same period.
• Equality-proof the policy, considering employees with caring responsibilities or disabilities.
• Use out-of-office messages, email footers or delayed sending, and reserve emergency communications for true emergencies.
• Train managers, expect them to act as role models, and address excessive workload or performance issues that prevent people disconnecting.
• Schedule meetings within normal hours, avoiding lunchtime where possible, and review how often meetings are held.

The Code also provides a sample policy layout and template clauses, and says the policy should be read alongside other policies such as dignity at work, electronic communications and data protection. If remote work is part of your arrangements, our guide to the right to request remote working explains a separate statutory process.

Review and disputes

The Code says the effectiveness of the policy should be reviewed annually under company practice, where appropriate in consultation with employee representatives. For concerns, it describes an informal first step: try to resolve the issue directly with the person involved, or through a manager, HR, a trusted colleague, a designated person or a trade union representative. If that fails, the employee can use the formal grievance procedure. If it is still unresolved, they may refer the matter to the WRC, citing the Code, and a specific contravention of the Organisation of Working Time Act can be referred at any point.

What the Code does not say

The Code does not define normal working hours beyond referring to contracts, collective agreements and sectoral regulations, and does not define an emergency. It sets no timelines for the informal or formal steps, no compensation or on-call pay for out-of-hours work, and no penalty specific to the Code. Citizens Information's page was last edited on 12 March 2024, so check for updates before you rely on it.

Our suggestions for HR teams

These are our own practical suggestions, not part of the Code:

• Write down what counts as an emergency in your organisation, since the Code leaves this to you.
• Add a line to manager induction about sending messages out of hours, and ask managers to use delayed send.
• Set a yearly diary date to review the policy, and note who was consulted.

Frequently asked questions

Is the right to disconnect a law?

It is a statutory code of practice. Failure to follow it is not an offence in itself, but it is admissible in proceedings before a court, the Labour Court or the WRC.

Must employers have a right to disconnect policy?

Citizens Information says employers are encouraged to develop one. The Code recommends a written policy.

Does the Code say how quickly employees must reply to messages?

No. It sets no response times. It does say a message sent out of hours across time zones does not need a reply in the same period.

How often should the policy be reviewed?

The Code says annually.

Where can an employee take an unresolved concern?

To the WRC after the informal and formal steps, citing the Code.

Next steps

Check your current policy against the points above, and decide who owns the yearly review. You can also explore our CPD training options as part of planning wider HR learning.