The ‘Right to Disconnect’
Whether you’ve heard the phrase or not, the ‘right to disconnect’ is widely expected to be included in the new government’s Employment Rights Bill this year.
In this post, we discuss what the Right to Disconnect is, what it could look like, what employers need to know, and the impact any new legislation could have.
What is the ‘Right to Disconnect’?
In recruitment we hear many reasons as to why a candidate may be looking to move on and leave their current employer, but there’s one we often come across which is closely linked to this blog post…. which is overworking and the expectation to perform certain duties outside of working hours.
Enter the Right to Disconnect!
The Right to Disconnect is the right of workers to disconnect outside of working hours.
With the increase of hybrid & remote working, the line between ‘work’ and ‘home’ has become increasingly blurred, with unions and workers looking at ways to protect workers’ health & wellbeing. This proposal by the new Labour government is designed to allow employees to enjoy their free time away from work without being interrupted or disturbed.
The policy is popular among voters, with a recent poll finding 69% support the right to switch off outside of working hours.
What could it look like?
The Right to Disconnect is not a new concept. France originally introduced the legislation in 2017, closely followed by countries such as Italy (also 2017), Spain (2018), and Belgium (2018).
More recently, Ireland introduced a new Code of Practice in 2021, which aims to create a culture of good work-life balance and break bad habits where people feel obliged to respond to messages out of hours.
Labour have stated that they will ‘bring in the right to switch off, so working from home does not become homes turning into 24/7 offices.’
In terms of how it could look, reports have suggested that the government is favouring combining the Irish and Belgian schemes.
It is expected that:
The new right will be enacted through a ‘code of practice’, with employers obliged to enter into workplace agreements documenting contact hours and right to switch off policies.
Workers who are repeatedly contacted outside of working hours may be able to claim compensation in a successful tribunal claim, however there would be no right to bring a tribunal claim based solely on a single failure to follow the code of practice.
When will it be introduced?
Prior to Labour’s election win, the party stated that it would plan to introduce the policy to parliament within 100 days of taking office. This could mean that the right to disconnect could be introduced by early October 2024.
What Employers need to know
It is unknown whether the Right to Disconnect would be an absolute right or would include some exceptions, however as mentioned above it is expected to follow elements of both the Irish & Belgian legislation.
So what can we learn from our Irish & Belgian counterparts and how can businesses prepare for this change?
The Irish code of practice provides guidance & suggestions to employers regarding the right to disconnect, encouraging employers to engage with their staff to develop a policy which takes into account the needs of the business and its workforce (recognising that the same policy is not going to be appropriate across all businesses in all sectors).
The policy is not mandatory in Ireland, however it is recommended that all employers have a policy in place.
With the balance still in favour of employers, businesses will be in a stronger position if they set expectations with staff early around the right to disconnect. This means creating a policy which acknowledges and respects the right, while having clear guidance and measures in place to ensure that operational needs are not negatively impacted.
If employees are left to make their own assessment as to when out of hours contact is not appropriate (in the absence of a policy), it seems more likely that they will raise a breach of code as they do not have written guidance as to how the code applies to their role.
In Belgium, there is a mandatory right to disconnect (except for private sector employers with fewer than 20 employees).
If we take the lead from Belgium on what an appropriate policy may include, then we know it should include the following:
A commitment to respect employees’ right to disconnect, acknowledging the circumstances in which working outside of hours may be necessary.
Practical arrangements for the employee’s right not to be contacted outside of working hours. For example, deactivating email notifications outside of hours.
Instructions on how to use digital tools in a way that ensure the employee’s rest period, holidays and family life are respected. For example, implementing delayed send features on emails or normalising flagging when an email sent outside of hours is not urgent.
If UK follows in the same way, then it seems that understanding the code, putting an appropriate policy in place, and ensuring staff understand its purpose will place businesses in a strong starting position.
Will it have a real impact?
If the UK follows the models above, the legislation will encourage employers to abide by the code and put policies in place that are appropriate for its workforce. However, in certain types of roles and industries the code may have a limited effect.
The expected proposal seems designed to spark conversations between employers and their employees about the expectation to work outside of hours and how business needs and employee wellbeing can be balanced. This approach has meant a limited shift in attitudes and approach to working outside of normal hours.
The proposal is still a welcome change for many employees, as existing legislation has seen the spotlight shift from employees justifying not responding to an email outside of hours to employers having to justify expecting a response outside of hours.
