Right to Disconnect in Ireland: What Employees and Employers Need to Know (2026)

Last updated 9 October 2026. General information only, not legal advice.

Ireland introduced a Right to Disconnect Code of Practice in April 2021, giving employees the right to disengage from work outside normal working hours — without fear of professional consequences. With remote and hybrid working now deeply embedded in Irish working culture, understanding this right has never been more important for both employees and employers. This guide explains what the right to disconnect means in practice.

What Is the Right to Disconnect?

The Right to Disconnect is enshrined in the Workplace Relations Commission’s Code of Practice for Employers and Employees on the Right to Disconnect (2021). It gives employees three specific rights:

1. The right not to routinely perform work outside normal working hours
2. The right not to be penalised for refusing to attend to work matters outside normal working hours
3. The duty to respect other people’s right to disconnect — for example, by not routinely emailing or calling outside normal working hours

Is the Right to Disconnect Legally Enforceable?

The Code of Practice is not legislation — it does not directly create legal rights enforceable through the courts. However, it is admissible as evidence in proceedings before the courts, the Labour Court and the WRC, and any provision that appears relevant must be taken into account (section 20(9) of the Workplace Relations Act 2015). An employer who persistently contacts employees outside hours, penalises those who don’t respond, or fails to have a Right to Disconnect policy may face claims under the Organisation of Working Time Act or the Safety, Health and Welfare at Work Act.

Employer Obligations

The Code recommends that employers:

• Develop and implement a Right to Disconnect policy
• Include right to disconnect provisions in employment contracts or remote working policies
• Train managers on appropriate out-of-hours communication expectations
• Develop a culture where employees feel comfortable not responding outside hours
• Use technical tools (e.g., email scheduling, out-of-hours auto-replies) to support the right in practice

What Employees Should Know

• You have the right to ignore work emails and calls outside your contracted hours — as a general principle
• Exceptional circumstances (genuine emergencies) may justify out-of-hours contact — but should be rare
• You cannot be penalised, demoted, or disadvantaged for exercising your right to disconnect
• If you are regularly expected to work outside hours, this may affect your pay entitlements and working time rights

Remote Working Agreements

The Code is particularly relevant for remote workers. Remote working agreements should clearly set out normal working hours, expectations around communication, and the right to disconnect. Our Employment Contract service covers remote working terms in detail.

Need to update your employment contracts or policies for remote workers? See our Employment Contract service and Business Terms of Trade. Read our guide to a 30-minute consultation with a solicitor of your choice with your solicitor today.

If Your Right to Disconnect Is Not Being Respected

The Code gives examples of warning signs: being contacted regularly outside work hours, being regularly expected to work extra unpaid hours or through breaks, and being penalised for not being available out of hours. It suggests trying to resolve the issue informally first, with support from a manager, HR, a trusted colleague or a trade union representative if that helps. If that does not work, the formal grievance procedure can be used (see our guide to writing a grievance letter). A specific breach of the Organisation of Working Time Act 1997 may be referred to the WRC at any point.

Related Legislation Behind the Code

The Code does not create a new stand-alone right. It supports existing law: the Organisation of Working Time Act 1997 (maximum average 48-hour week, breaks and rest periods), the Safety, Health and Welfare at Work Act 2005, the Employment (Miscellaneous Provisions) Act 2018 and the Terms of Employment (Information) Acts 1994 to 2014. Your contract should state your normal working hours; see our employment contract guide, and our guide to working from home for remote arrangements.

Frequently asked questions

Does the Right to Disconnect apply to remote workers?

Yes. The Code states that it applies to all types of employment, whether you work remotely, in a fixed location, at home or are mobile.

Can my employer ever contact me outside normal working hours?

Occasionally, yes. The Code accepts that legitimate situations arise, such as an emergency, covering for a sick colleague at short notice or unforeseeable circumstances, but says this should be the exception, and that when occasional contact becomes the norm it needs to be addressed.

Does the Code apply during annual leave?

The Code says a Right to Disconnect policy should set an expectation that staff disconnect from work emails and messages outside normal working hours and during annual leave.

Does the Code say employers must have a written policy?

The Code is best-practice guidance and says employers should engage with employees or their representatives to develop a Right to Disconnect policy, reviewed at least annually. Failure to follow it is not an offence in itself.

Sources: S.I. No. 159/2021, Right to Disconnect Code of Practice (Irish Statute Book).

This article is for informational purposes only and does not constitute legal advice.

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