Employers who contact staff outside of their regular working hours risk negative consequences, including increased sick leave, reduced performance, and employee demotivation. While Ireland’s Workplace Relations Commission (WRC) introduced the Right to Disconnect code in 2021, the most significant impact of non-compliance isn’t just potential fines—it’s the loss of productivity and retention issues caused by overworked employees.

Ed Heffernan, treasurer of Ireland’s Employment and Recruitment Federation (ERF), highlights the delicate balance businesses must strike. Some employers may benefit from unpaid overtime, but the long-term risks, such as burnout and high turnover, outweigh any short-term gains. The challenge is to ensure employees feel supported while maintaining business efficiency.

The Global Approach to the Right to Disconnect

Countries worldwide are grappling with how to enforce a healthy work-life balance. The UK is considering introducing a similar policy, though business leaders remain divided, fearing it could reduce flexibility. Belgian businesses with over 20 employees must have a written agreement outlining rules for after-hours communication. In Australia, employees have the legal right to ignore employer contact outside of working hours without facing consequences.

Perhaps the strictest approach is seen in France, where it is illegal to send work-related emails after standard working hours. However, some argue that overly rigid policies may restrict the autonomy of both employers and employees, especially for those whose working preferences fall outside traditional office hours.

Challenges in Defining Work Boundaries

Creating a right-to-disconnect policy is not without its challenges. Many industries—such as healthcare, hospitality, and manufacturing—require employees to be on standby. If implemented correctly, standby arrangements can be fair and effective, provided they come with additional compensation or time off.

A key issue is defining what qualifies as an “emergency.” What a business owner considers urgent may not align with an employee’s perspective. Without clear communication, policies meant to protect staff could inadvertently create confusion or resentment.

Striking the Right Balance

For a right-to-disconnect policy to work, it must be both structured and flexible. Businesses should clearly define working hours, communicate expectations effectively, and ensure employees understand their rights and responsibilities. A well-implemented policy can enhance productivity, improve employee well-being, and maintain strong client relationships without overburdening staff.