Search

How can we help?

Icon

The right to disconnect 

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’. 

What is the 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: 

  • Workers are entitled to not perform work or attend work matters outside their normal working hours; 
  • Workers have a right not to suffer a detriment to refuse to work outside their normal working hours; and 
  • Both workers and employers have a duty to respect their colleagues right to disconnect which includes not responding to emails when they aren’t working. 

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. 

How can employers support an employee’s right to disconnect? 

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: 

  • Communicate clearly with employees on what is required from them during this ‘new normal’; 
  • Offer mental health awareness training in the workplace which may need to be adapted for varying levels of seniority; 
  • Encourage employees to use their annual leave. Employers should also ensure that there is a system in place for adequate handover and cover when employees are on annual leave to reduce the need to contact them or for them to feel as though they need to work when they are on leave; 
  • Highlight and promote the importance of taking breaks and not working outside of working hours including checking emails to help employees find a clear divide between their work and their personal lives. This could also include encouraging employees to communicate whether urgent responses are needed to assist with prioritising workloads; 
  • Arrange for managers to check in with employees regularly to establish work capacity and investigate if they find that an employee has an excessive workload; 
  • Monitor out of hours communications and if there are any concerns, employers should raise this sensitively and have an open conversation to check in with the employee on whether there are any pressures with which they can be supported. 

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.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 05 November 2020
  • Employment

Tax implications of home working: equipment

When the UK went into lockdown in March, no one anticipated that we would be entering another in November. Again we have been told that those that can, must work from home. With the second lockdown starting today, many employees that had put-off purchasing home office equipment first time round, with the hope of returning to the office, may now be changing their minds.

art
  • 04 November 2020
  • Brexit

Companies Act and Brexit – practical considerations

UK companies need to review the impact of Brexit on their governance arrangements. Governance rules are principally found in the Companies Act 2006 which is part of UK domestic law. For the most part, leaving the EU will have little impact on the way UK limited companies are required to operate under this Act.

art
  • 03 November 2020
  • Brexit

Legal claims against UK importers of EU products to increase post Brexit

It’s not just tariffs that UK importers have to prepare for from 1 January 2021. They will also be taking on new liabilities for defective products imported from the EU which cause personal injury or damage to private property

art
  • 30 October 2020
  • Immigration

Skilled Worker route to replace Tier 2 immigration from December

The new immigration rules were announced last week. While most of the changes will be applicable from January 2021, the Skilled Worker route will replace the current General Work visa (Tier 2) from 1 December 2020.

art
  • 29 October 2020
  • Employment

Warning to employers not to ignore gender and ethnicity pay gaps as new Equal Pay Bill proposed

If it becomes law the new bill would require more employers to comply with gender pay gap reporting and report on ethnicity pay gaps for the first time. It could also give female and BME employees the right to know what their male or non BME colleagues are paid.

art
  • 26 October 2020
  • Employment

ICO Updates Right of Access Guidance

Following extensive consultation that began in December 2019, the Information Commissioner’s Office (ICO) has finally published their updated guidance on the Right of Access, namely the ability for an individual to submit a Data Subject Access Request (DSAR) to a processor of their personal data.