22 October 2024
The right to disconnect for UK workers
The right to disconnect, also known as the right to switch off has been talked about a lot in the news lately. Why is that, and what even is the right to disconnect anyway?
What is the right to disconnect?
A right to disconnect ensures an employee can’t be contacted about work outside of their working hours, unless there’s a prior agreement that this is OK (such as by being ‘on call’). Because of flexible working hours and remote policies, the right to disconnect is less about not sending communications, and more ensuring that employees don’t feel obligated to respond until they’re back at work. This includes both in the evenings after work, and over annual leave.
The Labour government has made it clear in their addresses that they will be looking at the right to disconnect as part of a suite of labour law changes.
Other countries have right to disconnect laws on the books already. In France, employers who do not follow these rules are liable for fines of €3750, and up to a year in prison for senior management figures involved!
At time of writing, in the UK the current conversations indicate that right to switch off will not be enshrined in law, but it will become a key recommendation for employers from the government alongside several new labour law reforms, such as the revaluation of exploitative zero-hour contracts and making sick pay available from day one.
Implications for employers
The full implications for employers will become clear as the practicalities of a legal right to disconnect are debated and legislated.
Employers will rarely tell their employees that they’re expected to be engaged and reachable out of hours. But the implication will be there. This leads to a huge amount of stress, which can actually hamper productivity in the long term. By creating a right to switch off policy, you’ll see happier, healthier employees who produce better results.
While some industry leaders are worried about how this will affect their organisations, this should be seen as an opportunity. Given the likelihood that rather than a one-size-fits-all law, the government is considering a code of practice where organisations can choose a solution that suits them, this means employers will have the capacity to adjust to their needs.
If there are roles in your business where it’s typically more expected that someone be contactable outside of core hours, (such as executives) then that can be enshrined in their contract. Likewise, if you have flexible employees who work at unsociable hours, you can emphasise the expectation is for employees to ignore communications out of their working hours, but they can be sent at any time.
Impact on employees
Increasing hours and expectations at work are a huge contributor to increased stress levels and low mental wellbeing. When employees are stressed, this can have a huge impact on their mental and physical health, and burnout looms large over everything.
This has become especially prominent with the rise of the working from home. There is a risk that a person can’t separate themselves from their workspace, making them more likely to be tempted to check their emails or do extra work.
By ensuring employees have the right to disconnect, the hope is that employees can properly take time for themselves, being more refreshed for work when they do come back.
It is worth noting that the right to disconnect is currently fairly focused on office workers, without much thought given to the nuances of hospitality or other industries that rely heavily on overtime.
The future of the right to disconnect in the UK
A lot of the future of the right to disconnect in the UK is still up in the air. It’s worth taking a look at the Irish, French and Dutch models, which already have these laws in place. The Irish and Dutch models don’t have sanctions, while the French one does.
While legal obligations aren’t clear yet, it can be worth taking a look at how you currently handle contacting employees outside of working hours. Are you, in fact, already respecting the right to disconnect without realising it? You may want to have a think about how you can proactively prepare for new rules. For example, email footers that spell out someone’s working hours, buddy systems to ensure shifts are covered, or even offering training on scheduling software so emails are only sent at certain times.
