The Right to Disconnect: everything you needed to know about the new code of practice
From April 1 Irish employees were given the Right to Disconnect, which sounds like a great step forward given the year we’ve had. Working from home has left us feeling depleted as we find ourselves working longer hours and not being able to properly switch off.
So what does the Right to Disconnect actually offer us? And what does it offer employees and organisations going forward?
Why now?
Working from home has brought with it increasing flexibility for workers but it has also further blurred the home-office divide. Checking your emails while you watch tv. Adding some last minute edits to Monday’s presentation over the weekend. Taking an ‘urgent’ phone call during dinner. What harm really? A lot actually. You’re essentially ‘always on’ and over time this takes a toll and can lead to increased stress and even burnout.
The Right to Disconnect
That’s why the Workplace Relations Commission has created the Right to Disconnect. This code will work hand in hand with existing legislation around maximum working hours, breaks and workplace health and safety best practice. It is hoped that the new code of conduct will disrupt the norms of working outside normal working hours and encourage more of a focus on employee wellness and mental health.
There are three key rights enshrined in the code:
● The right of an employee to not have to routinely perform work outside their normal working hours
● The right not to be penalised for refusing to attend to work matters outside of normal working hours
● The duty to respect another person’s right to disconnect (not routinely emailing or calling outside normal working hours)
The Right to Disconnect applies to all types of employment - whether you are 100% remote or not, contract or permanent, full time of part time.
Has this been done before?
Ireland is following the lead of a number of other countries that have brought in similar measures. France was the first back in 2016. It banned work emails after 6pm and set in place ‘a regulation for the use of digital tools in order to ensure the respect of rest and leave time, as well as personal and family life’. While the impact has been mixed, it did inspire many other nations to think along these lines.
What does it mean for employees?
The Right to Disconnect empowers workers to set boundaries around their working hours without being penalised or punished in any way. Logging off in the knowledge that you’re not going to get interrupted on your down time will help staff relax and establish better work habits. This will be a cultural shift, and progress can only be made if everyone works together for a future where wellness is more of a priority.
If employees are regularly contacted outside their working hours, forced to work through breaks or being penalised in any way for not being contactable outside business hours they should approach a relevant manager or HR or a trade union representative. While it’s not an offense to break this code employees can bring a case to a court, the Labour Court, or Workplace Relations Commission (WRC) if the matter isn’t resolved.
What does it mean for employers?
It is important that employers respect the Right to Disconnect by not regularly contacting or messaging their staff outside of work hours. However, there will be times when this is necessary. Organisations should encourage staff to avail of ‘delay send’ options so that the message is received later or the next day. Alternatively, if emails need to be sent outside normal working hours then the email should have a less urgent tone or include a footer that reminds the recipient that there is no requirement to respond immediately. This can go a long way to helping to counter the ‘always on’ culture.
Organisations are encouraged to work with their employees to shape a Right to Disconnect policy that works for everyone. There will be legitimate reasons when it’s necessary to contact staff outside working hours, and these should be accounted for in your policy. Global time zones and operational requirements should also be considered when drafting the policy. But ultimately your organisation’s approach should consider health and safety legislation and existing terms and conditions of employment on working hours.
You can find out more about the code of practice and download a sample policy template here.
How successful is this likely to be?
The Right to Disconnect isn’t a legal requirement in any way. It just sets in place an understanding and agreement on working hours. It’s up to employees and companies to ensure adherence.
As a blueprint for change, it’s a good starting point but it won’t cure burnout. To do this the real impetus will have to come from individuals. Managers will play an important role in successful adoption of a Right to Disconnect policy within the organisation. Companies should consider training and support where possible and encourage them to take action if the policy is not being adhered to. But staff themselves will have to be open to changing their habits and be honest about what works for them.
People have all kinds of working styles which makes it harder to enforce a right to disconnect. For some the 9-5 is an outdated notion - instead opting for early starts and late finishes and taking extended breaks mid day for school trips or gym sessions. For others this won’t be the case and we need to respect different work styles. This will be further complicated by varying time zones across teams. When a core tenet is respecting others right not to respond is it unfair to send an email during your working hours but not someone else's? This will be something for companies to consider in their policies.
It’s undeniable though that setting clear lines around work benefits us all in the long run. It’s good for our mental health, will help improve productivity, and will keep us engaged as we navigate the new normal post-pandemic.
About the Author
This article was researched and written by Katie Ryan. Thank you Katie :-)
Want to Dive Deeper?
We hosted a webinar on this very subject with Ailbhe Dennedy of William Fry. Check out the full recording below.
About the Host
Brian Crooke is a wellbeing educator, speaker and adviser, empowering Irish organisations to promote and sustain wellbeing within their workplaces.
He is the founder of The Work Well Institute and the Workplace Wellbeing Ireland community and is Course Director of the Postgraduate Certificate in Workplace Wellness at Tangent, Trinity College Dublin. He is the host of The Work Well Podcast.
In his spare time, Brian is bringing free resistance training to every county and community in Ireland through his parkHIIT social enterprise.