The right to disconnect
- 11 May 2022
- Employment
The impact of the COVID-19 pandemic has meant that, for many people, the boundary between work and home life has become blurred. A vast amount of people were suddenly required to work from home which meant for many, homes became offices and this has resulted in many struggling to disconnect from work outside of their working hours.
Even as we move beyond the pandemic, it seems likely that home working will now be a part of the ‘new normal’ and with many businesses taking steps to transition to a new hybrid way of working, these issues are unlikely to disappear. With this in mind, as employers have a duty to protect the health and safety of employees, they should be taking care to consider how employees can be supported with their ‘right to disconnect’.
The ‘right to disconnect’ would ensure all employees have a right to not have to work outside their normal agreed hours and not have to engage in any work-related communications including emails, telephone calls, instant messaging etc.
Other countries have taken different approaches on how to implement the right to disconnect and for some, action had been taken long before the pandemic began. For example, France, Italy and Spain have all introduced legislation which grants workers the right to not have to respond to work-related communications outside their working hours and protects them from being penalised for this. Ireland have approached the issue by introducing a legislative code focusing on three key rights:
However, it is appreciated that it is difficult to introduce legislation which provides clear rules to protect employees but also allows for flexibility for businesses with hybrid workers.
Even as we move beyond the pandemic, it seems likely that home working will now be a part of the ‘new normal’ and with many businesses taking steps to transition to a new hybrid way of working.
The UK government are yet to announce whether they intend to introduce any laws or regulations which focus on the ‘right to disconnect’. However, this right could be of benefit to both employees and businesses as establishing an effective work-life balance is crucial in avoiding burn-out and maximising productivity during working hours.
There is however a balance that needs to be found as it may be detrimental to be too prescriptive with any new rules aimed to support the ‘right to disconnect’ (such as a ban on working outside of working hours) as this runs the risk of removing the positive aspect of remote working which allows for more flexibility.
Employers may consider the following potential action in the meantime:
Keep up to date with the latest tips, analysis and upcoming events by our legal experts, direct to your inbox.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.