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. 

About this article

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.

About this article

Read, listen and watch our latest insights

art
  • 23 December 2019
  • Employment

The Queen’s Speech 2019 – Employment Law Implications

The Queen’s Speech was delivered on 19th December 2019 and sets out details of government’s intentions over the coming year. The key point from an employment law perspective is the introduction of the Employment Bill which will seek to introduce changes

art
  • 23 December 2019
  • Employment

‘Gender critical’ view was not a philosophical belief

In Forstater v CGD Europe & Others, the Claimant’s consultancy contract was terminated after she made comments expressing her views that there are only two sexes and that it is impossible to change sex.The Claimant claimed that this termination was discriminatory on the grounds of ‘philosophical belief’ or lack thereof.

art
  • 20 December 2019

ePrivacy Regulation – The latest!

Amidst the hype of the GDPR in 2018, one other area of data protection reform progressed relatively under the radar – the ePrivacy Regulation. Surprising given the potential impact this could have on an organisations’ marketing practices.

art
  • 20 December 2019
  • Immigration

Queen’s Speech December 2019: The biggest change to Immigration Law in modern times?

It has been a decade since the UK had an effective majority government, and in less than a week of the election, we have seen a substantive legislative agenda in today’s Queen Speech. In this article, we explore the changes to Immigration Law, and how it could be the biggest change in recent history.

art
  • 19 December 2019
  • Employment

Breaking News – Standard Contractual Clauses and Privacy Shield – latest developments with Facebook case

Advocate General, Henrik Saugmandsgaard Øe of the Court of Justice of the European Union (CJEU) has just handed down his opinion in response to a referral by the High Court of Ireland for preliminary rulings of law. The High Court case in question related to complaints made by Max Schrems against Facebook Ireland and Facebook Inc concerning the transfer of Mr Schrems’ personal data to the United States (U.S).

art
  • 19 December 2019
  • Employment

“Nuisance” nurse wins whistleblowing claim

In Smith v Mid Essex Hospital Services NHS Trust, a nurse won his claim for unfair dismissal, with the Employment Tribunal finding he had been dismissed for making protected disclosures.