13 Aug 2022

Ifac urges Kilkenny farmers and SMEs to collaborate with Right to Disconnect Policy

Kilkenny Kilkenny

Ifac urges Kilkenny farmers and SMEs to collaborate with employees when developing their Right to Disconnect Policy

Ifac, Ireland’s farming, food and agribusiness specialist professional services firm, is advising Kilkenny farmers and SMEs to work together with their employees when developing their Right to Disconnect Policy.


Earlier this year, the Workplace Relations Committee (WRC) published a Code of Practice on the Right to Disconnect from work outside of normal working hours. The Code acknowledges that different working arrangements suit different businesses but says that the right to maintain clear boundaries between work and leisure is universal.


Mary McDonagh, Head of Payroll Services at ifac said: “It is important that farm employers and SMEs familiarise themselves with the Code and work together with their employees when developing an appropriate Right to Disconnect policy for their business to ensure it takes account of both business needs and the wellbeing of their workforce.”


While failure to follow the Code is not an offence if disputes arise relevant provisions of the Code will likely be taken into account by Adjudicators or Chairpersons in WRC or Labour Court cases involving issues such as dismissal, penalisation and/or equality discrimination.


What is the Right to Disconnect?


The Code sets out three key elements of the right to disconnect:

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 (for example: by not routinely emailing or calling outside normal working hours).
The Code recommends that employers engage with their employees to develop a Right to Disconnect Policy that accommodates their business needs. The policy needs to take into account relevant health and safety legislation, the statutory obligations of employers and employees, and employees’ terms and conditions of employment.


Developing a policy


When developing your policy, it is important to emphasise the expectation that staff disconnect from work outside of their normal working hours and during annual leave. The policy should also allow for occasional legitimate situations where it may be necessary to contact staff outside of normal working hours.  Once you have your policy in place, it should be referenced in your employees’ terms and conditions of employment and read in conjunction with your other employment policies.


Grievance procedure


A procedure for your employees to raise concerns should be included in your Right to Disconnect policy. Examples of concerns that may arise include being contacted regularly outside of normal work hours, being expected to regularly work through breaks or being penalised for not being available out of normal working hours. Guidance for addressing concerns and resolving workplace issues that may arise is also included in the Code.


Sample policy


A sample Right to Disconnect Policy layout and template clauses is available on the WRC website .

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