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Te right to disconnect


Laura Bambrick, head of the Irish Congress of Trade Unions’ social policy, explains the new code in Ireland designed to counter the always-on culture


eight-hour day campaign was one of our earliest and most far-reaching achievements. In recent years, however, the short


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working day has come under threat from an always-on culture – a boom in employment contracts that require workers to be available on demand – and advances in communication technology. While the push from unions


around the world for a “right to disconnect” from work-related calls, email and other electronic messages out of hours pre-dates the pandemic, the huge swathes of workers suddenly thrust into remote working has catapulted the issue up the political agenda. Much of the same technology that enables us to work from anywhere, makes us reachable at any time.


When the occasional intrusion on


a worker’s personal time becomes the norm, it becomes a health and safety concern. An overtired worker


ork-life balance has always been a priority for trade unions; the


is a danger to themselves and others. It was in recognition of this that existing EU legislation regulating working hours and rest periods was introduced. But these decades-old protections have not kept pace with new technology and modern work practices.


Te Irish Code of Practice on the Right to Disconnect was developed in consultation with trade unions and business representatives and came into effect in April this year. Tere are three elements: the right of an employee to not have to routinely perform work outside their normal working hours; the right to not to be penalised for disconnecting; the duty to respect another person’s right to disconnect [htps://bit.ly/3xkdQ4S]. Te code allows for legitimate situations that may occasionally arise when it is necessary to contact staff or work out of hours to meet the operational needs of a business as set out in an employee’s contract of employment. It also recognises flexible working is highly prized by workers. It requires employers to engage


with their employees or union reps to tailor a right-to-disconnect company policy to the needs of the business and its workforce. It provides for reviews, equality checks, training, and raising concerns both informally and formally. While failure by an employer to


follow the code is not an offence, it is legally admissible in evidence in any proceedings a worker takes relating to their working hours.


Te code is not without its critics. Some argue it goes too far – that it will stifle flexible working and deter investment from American multinationals.


Others claim it does not go far enough – that it falls short of the French exemplar of including this right in primary legislation. Time will tell. Trade unions will be closely monitoring its operation. For now, our priority is to ensure its full and proper implementation in workplaces as part of our pushback against the chipping away of work-life balance.


• Sign the TUC right to disconnect petition: htps://bit.ly/3hJu3vb


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