Code of Practice On The Right to Disconnect

April 9, 2021

CODE OF PRACTICE ON THE RIGHT TO DISCONNECT 


The Workplace Relations Commission has introduced a ‘Code of Practice for Employers and Employees on the Right to Disconnect’. This reflects the dramatic change in the world of work over recent years, in particular when it comes to technological advances, which means we are now more contactable and accessible than ever before.


The Code of Practice recognises that there are both positive effects, as well as challenges, and recommends employers put in place policies and procedures to help maximise the benefits for both the employee and employer, to ensure there are safe working practices in place and to maintain a mutually beneficial relationship.


WHO DOES THE CODE APPLY TO?

The Code applies to all employees in all types of employment, whether that be remote working, working from a fixed location, at home or mobile.


IS THIS A LEGAL REQUIREMENT?

There is no legal requirement upon the employer to follow a Code of Practice introduced by the Workplace Relations Commission. It is a guide to what would be regarded as best practice and is within their remit of promoting fairness, continuous improvements and maintaining good working relationships.

However, it is important to be aware that failure to follow a Code of Practice, whilst not an offence in itself, is admissible as evidence in any proceedings before a Court, the Labour Court or the Workplace Relations Commission.


In addition, whilst the Code may not be a legal requirement, there is legislation which covers aspects which may be linked, although not explicitly referring to, the right to disconnect. For example;


• The Organisation of Working Time Act states an employer cannot allow an employee to work in excess of 48 hours per week on average, and must keep records of hours worked, including breaks and rest periods to ensure obligation are met under the Act. Working time means any time that the employee is— (a) at his or her place of work or at his or her employer’s disposal, and (b) carrying on or performing the activities or duties of his or her work,
• The same Act also specifies what breaks employees must have which includes between shifts and each week which should be uninterrupted.
• The Safety, Health and Welfare at Work Act 2005 states an employer has a duty to manage and conduct work activities that prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of his or her employees at risk and to not engage in improper conduct that’s likely to endanger the employee’s safety, health and welfare at work. This includes an obligation to not work hours in excess of the legislation.
• Employment (Miscellaneous) Provisions Act 2018 provides that employees must receive a Statement of Terms detailing the core terms of their employment within the first 5 days of employment. One of the core terms being, hours of work the employer reasonably expects the employee to work in a normal working day and normal working week.
• The Term of Employment Information Act provides similarly, that an employer is to provide an employee with their Terms and Conditions of Employment within 2 months of commencing employment which is to include details on working hours including overtime.


WHAT IS THE RIGHT TO DISCONNECT?

The right to disconnect means; “An employee has the right to be able to disengage from work and refrain from engaging in work-related electronic communications, such as emails, telephone calls or other messages, outside normal working hours”.


There are three main elements to the Right to Disconnect;

1) The right to not routinely perform work, outside normal working hours,
2) The right to not be penalised for refusing to attend to work matters outside normal working hours and,
3) The duty to respect another person’s right to disconnect i.e. by not routinely emailing/ calling outside normal working hours.


EMPLOYER AND EMPLOYEE OBLIGATION

In order to create a culture whereby an employee feels they can disconnect, a joint approach from both the employer and employee must be taken.

Employer’s Obligation

• Provide detailed information on employees working time,
• Ensure employees are aware of what their normal working hours are reasonably expected to be,
• Ensure employees take their rest periods i.e. 11 consecutive hours rest in any 24 hour period,
• Ensuring a safe workplace, including reviewing risk assessments and, where necessary, the safety statement, taking into account the employers obligations under section 8(2)(b) of the Safety, Health and Welfare at Work Act 2005 to manage and conduct work activities in such a way as to prevent, so far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of his or her employees at risk,
• Not penalising an employee for acting in line with any relevant statutory provision.

Employee’s Obligation

• Ensure they are made aware of their responsibility to manage their own working time,
• Fully cooperate with any methods used by the employer to record working hours, including when working remotely,
• Be mindful of colleagues, customers/ clients and all other’s right to disconnect i.e. by not routinely emailing/ calling others outside normal working hours;
• Notifying their employer, in writing, of any statutory rest period and/ or breaks which they were unable to receive on a particular occasion, and the reason why,
• Being conscious of their work pattern and aware of their work-related wellbeing, taking remedial action if necessary.


RAISING CONCERNS

Employees and employers should manage the right to disconnect in a manner that is respectful of the other’s rights. However, there may be situations that arise where an employee does not feel their Right to Disconnect is being respected or their workload is such that they are unable to disconnect at the end of their normal working day. Examples of such may include;

• Being contacted regularly outside normal working hours,
• Being expected to regularly work through lunch break or other breaks or after work e.g. at home,
• Being penalised for not being available outside normal working hours

In such situations, employees should be encouraged to resolve the issue with the person(s) informally in the first instance.

Where the issue is unresolved, the company formal grievance procedure should be utilised. If the matter is addressed through the grievance procedure in the context of the Right to Disconnect and still remains unresolved on completion, the employee may refer it to the WRC under the appropriate legislation.


BEST PRACTICE

In light of this new Code, we recommend employers put in place a ‘Right to Disconnect Policy’.

The Policy should be supporting the employee’s wellbeing and Right to Disconnect, while recognising that there will be occasions where legitimate reasons arise when it is necessary to contact others outside of normal working hours and also acknowledging that ‘normal working hours’ can differ across the Company.


It should emphasise that there is a responsibility on the part of, and an expectation of, employees to disconnect from work emails, messages etc. outside normal working hours and during periods of leave.


The obligations of employers and employees should be laid out within the policy, as well as the company’s position when it comes to scheduling and attending meetings, Manager’s responsibilities and how employees can go about raising concerns.


It is important for the implementation of any policy that it reaches and applies to all levels of the company. The Policy must be supported from the top down and must be actioned upon.


The Right to Disconnect Policy should be clearly communicated to all employees, a copy of which should also be provided.

Linkhttps://www.workplacerelations.ie/en/what_you_should_know/codes_practice/code-of-practice-for-employers-and-employees-on-the-right-to-disconnect.pdf


This update is provided by the MSS HR Support Service



FURTHER DETAILS ON THE UPDATE OR ABOUT OUR SERVICES MAY BE OBTAINED

FROM: JOHN BARRY/TARA DALY/ HUGH HEGARTY AT TEL: 01 8870690


By Tara Daly September 3, 2025
What Employers Need to Know
By Tara Daly September 3, 2025
In this blog, we explore a recent WRC ruling where a school was ordered to pay €85,000 in compensation after a teacher was discriminated against during an interview. The case highlights how even seemingly harmless remarks can have serious legal consequences for employers. What Actually Happened? Employee, Emily Williams, who had been working at the school under fixed-term contract and had two years’ experience there, was on maternity leave when a permanent teaching post arose. She was neither notified nor considered, even though she was eligible. Instead, the school awarded the role to a less-experienced colleague not on leave. During a subsequent interview for a fixed-term position, the principal congratulated Williams on the birth of her baby and added: “You really should enjoy every moment at home with the baby.” Williams felt the comment was unprofessional and likely influenced the outcome against her as she had learned she was unsuccessful the very next day. Why the WRC Ruled It Was Discrimination The WRC adjudicator found that: The principal’s comment, made before scoring was complete, was inappropriate and highlighted Williams’ family status. The school could not justify why a less-experienced teacher was chosen. Their claim that it was based on prior interview scores was unsupported, with no clear process to back it up. One interviewer even adjusted a score for Williams downward without explanation, further undermining the credibility of the decision. Given these failures, the WRC concluded that Williams had established a clear case of discrimination on grounds of family status. She was awarded €85,000 in compensation, with the adjudicator stressing the importance of deterrence in cases like this. Why This Ruling Matters for Employers This case underscores three vital lessons for HR and hiring managers. First, keep personal matters out of formal interviews. Even a well-meaning comment can suggest bias or influence the panel. The interview must remain strictly professional. Second, ensure documentation and process are watertight. Reliable scoring systems, consistent policies, and clear records are essential. Without them, hiring decisions become legally and reputationally vulnerable. Finally, fairness must be more than form, it must be function. Interviews should be blind to protected statuses such as family or maternity, and all decisions must be transparent and defensible. How MSS The HR People Can Help MSS is here to help Irish businesses avoid situations like this: Designing discrimination-safe interview processes, from structuring interview panels to defining scoring metrics Training hiring panels on unconscious bias and employment equality legislation Developing clear recruitment communication policies that avoid risks around maternity or other protected characteristics Providing support and representation if a dispute arises before the WRC  Let’s ensure recruitment is fair, transparent, and free of unintended prejudice. Reach out to MSS The HR People, and we’ll help you build safe, compliant hiring practices. MSS The HR People info@mssthehrpeople.ie Ph: 01 8870690
By Tara Daly September 3, 2025
WRC Finds Dismissal Unfair When Employer Fails to Engage
By Tara Daly September 2, 2025
Every business needs solid HR support, that support doesn’t have to be an all-or-nothing affair, a flexible, scalable HR service can assist in your companies growth.
Three Tips to Improve Your Recruitment Process
By Tara Daly August 12, 2025
Lets explore how Irish employers can streamline hiring processes through technology, compliant CV screening, targeted advertising, and a strong employer brand.
From Policy to Practice: Making EDI a Reality in Your Business
By Tara Daly August 12, 2025
Many employers now have a written diversity, equity and inclusion (EDI) policy, but turning that policy into a lived workplace culture is a very different challenge.
Proposed New Leave Entitlements for Pregnancy Loss. What Employers Need to Know
By Tara Daly August 12, 2025
The Pregnancy Loss (Miscellaneous Provisions) Bill 2025 has been introduced in the Seanad and proposes a significant development in statutory leave entitlements.
Managing Difficult Behaviours in the Workplace Practical Tips for Irish Employers
By Tara Daly August 12, 2025
Every workplace encounters difficult behaviours at some point. Spotting and managing them early, from negativity to resistance, is key to a healthy environment.
Employee or Contractor? Why Labels Might Not Protect You Anymore
By Tara Daly August 12, 2025
A recent decision by the WRC has put a spotlight on the blurred lines between independent contractors and employees and what it means for employers in Ireland.
By Tara Daly July 29, 2025
MSS - The HR People Achieves CPD Accreditation: What It Means for You At MSS - The HR People, we’re proud to announce that we have been officially accredited to deliver CPD (Continuing Professional Development) training. This milestone reflects our unwavering commitment to delivering high-quality, practical, and professionally relevant training to businesses across Ireland. But what exactly does CPD accreditation mean? Why is it significant? And, most importantly, how does it benefit the clients and professionals who choose MSS for their HR training? What Is CPD and Why Does It Matter? Continuing Professional Development (CPD) refers to the process of tracking and documenting the skills, knowledge, and experience gained both formally and informally as professionals work, beyond any initial training. CPD is essential in every sector but especially in fields like HR, where employment law, workplace regulations, and people management practices are constantly evolving. CPD-accredited training is independently assessed and verified to ensure that it meets industry standards for learning outcomes, relevance, structure, and delivery. Accreditation confirms that the training is not just informative, but valuable, impactful, and capable of contributing meaningfully to a participant’s professional development. In short, CPD accreditation is a mark of quality - and we’re delighted to now carry it. What CPD Accreditation Means for Us Becoming a CPD-accredited provider is a significant validation of our work. It’s more than a badge or certificate - it’s recognition from an external body that our training: Delivers clear learning outcomes Meets the expectations of professional development standards Is structured, well-presented, and aligned with current best practices Is designed with real-world application in mind For our team, this accreditation reinforces the integrity of our training content and confirms that the learning we provide is of the same high standard expected by national and international professional organisations. It also shows that we take our role as HR educators seriously. Whether we’re delivering workshops on employment law compliance, HR policies, or best-practice recruitment and onboarding, we are doing so in a way that stands up to scrutiny, offers measurable learning outcomes, and contributes to the continuous upskilling of our clients. What It Means for Our Clients and Training Participants CPD accreditation matters because it gives our clients confidence - not just in what we teach, but in how we teach it. Whether you're an SME owner trying to stay compliant, a people manager learning how to lead teams effectively, or an HR professional seeking to grow your knowledge base, attending a CPD-accredited session with MSS brings many advantages: 1. Assurance of Quality With CPD accreditation, clients know that our training is rigorously vetted. You’re not just taking our word for it - an independent body has confirmed that the training you’re investing in meets a high standard of professional learning. 2. Tangible Professional Development For individuals building their careers or maintaining professional memberships, CPD points or hours gained through our training can be recorded as part of formal CPD logs. This is especially relevant for HR professionals, business owners, and line managers who must show ongoing learning as part of their industry obligations. 3. Enhanced Employer Credibility Businesses that invest in CPD-accredited training show their teams and stakeholders that they care about learning, improvement, and staying up to date. It’s a positive reflection on company culture and helps improve employee engagement and retention. 4. Peace of Mind Around Compliance From Inclusive Leadership, Dignity at Work and Managing Difficult Behaviours, our accredited training ensures that you and your team are not only aware of your responsibilities but are applying them correctly. That means fewer risks, fewer mistakes, and a more confident leadership approach across your organisation. 5. Career Progression for Attendees Participants who undertake CPD-accredited training can use it to build their professional profile, apply for promotions, or demonstrate ongoing learning to regulatory or membership bodies. It helps turn learning into career momentum. A Mark of Trust for the Future At MSS - The HR People, we’ve always believed that training should be more than a tick-box exercise. It should inspire new ways of thinking, give people the tools to do their jobs better, and create lasting value for the businesses we support. Being CPD-accredited adds another layer of trust for our clients. It shows that we’re not just offering what’s popular or convenient - we’re offering what’s recognised, verified, and of real value. As we look ahead, CPD accreditation allows us to expand our training offering with confidence. From one-hour sessions and lunch-and-learns to multi-day workshops and tailored in-house programmes, all our CPD-accredited training will continue to be: Grounded in practical, real-world HR expertise Updated regularly to reflect changes in law and best practice Delivered in an accessible, engaging format that suits busy teams Backed by independent quality assurance Let’s Grow Together Whether you’re new to HR responsibilities or managing people across multiple departments, learning is essential. With CPD-accredited training from MSS - The HR People, you’re guaranteed a high-quality learning experience that’s both professionally recognised and immediately useful in your role.  Contact us today to find out more about our CPD-accredited training programmes or visit www.mssthehrpeople.ie/hr-training for more details.