Explainer: Everything you need to know about the ‘right to disconnect’ workplace code 

Workers will have the right to disconnect from today. But what does this really mean? And where did the idea come from? 

We explain everything you need to know about Ireland's step into the 'right to disconnect’ era.

What is the ‘right to disconnect’ code?

The code – drawn up by the Workplace Relations Commission (WRC)– provides guidance on a worker’s right to switch off after hours, including the right not to respond immediately to emails, calls or messages.

It says a worker should not be penalised for refusing to work outside normal hours. Staff should also respect another person’s right to disconnect.

The document says employers should draw up a policy on the right to disconnect in consultation with staff.

The document refers to legislation governing working hours. This includes the Organisation of Working Time Act, which does not refer to a right to disconnect. However, it says employers cannot allow employees to work more than 48 hours a week on average.

What are your three rights in the code?

There are three rights enshrined in the code.

It includes the right of an employee to not have to routinely perform work outside their normal working hours and the right not to be penalised for refusing to attend to work matters outside of normal working hours.

It also includes the duty to respect another person’s right to disconnect, such as not routinely emailing or calling outside normal working hours.

What is happening with it today?

Workers will have the right to disconnect from today. Tánaiste Leo Varadkar has signed off on a new code of practice outlining best practice for employees and employers when it comes to working outside normal hours.

What did Varadkar say about it?

He said; “Although much of the impact of the pandemic has been negative, particularly for those who have lost jobs, income or whose businesses have been closed, it also offers an opportunity to make permanent changes for the better, whether that’s working more from home, having more time with the family, or more flexible working hours."

He said employees will have more options to work outside traditional hours, reflecting the fact that many are part of a “global network requiring contact with colleagues around the world”.

Is it an offence to break the code?

It will not be an offence to break the code.

However, workers who are asked to regularly work outside agreed hours will be able to refer to it in proceedings before a court, the Labour Court, or Workplace Relations Commission (WRC).

What is the hope?

It is hoped the code will safeguard work-life balance and better enforcement of existing laws, given the seismic changes in work practices,

“When the occasional intrusion on a worker’s personal time to get a project finished or an order filled becomes the norm this becomes a health and safety issue,” said Ictu social policy officer Laura Bambrick.

“An overtired worker is a danger to themselves and others. Excessive working time also squeezes out family, friends, hobbies, sports and involvement in the wider community.”

Has anyone tried it yet?

Last summer AIB agreed what is claimed to be the first ‘Right to Disconnect’ policy with the Financial Services Union (FSU), covering areas such as emails, meetings, telephone calls and Zoom meetings.

It emphasises a worker’s right to be unavailable during breaks, outside office hours and also when they are on a day off.

Geraldine Casey, chief people officer at AIB, said last year that with 8,000 of the bank’s 9,000 staff working at home since March, the feedback shows the policy has been beneficial.

“People were struggling to switch off in the evenings or to take time off to look after themselves. This gives them the permission to do that. While some people were managing very well working from home, others were saying they needed more help,” she says.

Most AIB staff have put a signature at the end of their emails, saying “I’m currently working flexibly. While it suits me to send this email now, I do not expect a response outside your own working hours.”

“Staff say it’s hugely empowering and there’s huge respect in it as well,” Casey says.

She believes this policy sets the tone for workers and she hopes that other employers will follow suit.

“Whether there’s a pandemic or not, it’s important we look after people as they juggle everything so they can be at their best,” she adds.

Anything else?

Mr Varadkar will also now open a consultation on legislating for workers to have the right to request remote working.

Meanwhile, legislation requiring employers to publish details of gender pay gaps is expected to be enacted this year. Once implemented, the gender pay gap information bill will require employers over a certain size to publish wage differences between female and male employees, including any bonuses.

Online Editors