Understanding the right to disconnect

With the rise of technology, boundaries between our work and personal lives have become increasingly blurred. This has led to the rise of the “Right to Disconnect” movement, which advocates for employees’ right to disengage from work-related communications and activities outside of their contracted hours.

 The concept has gained significant traction globally, with countries like France, Ireland, Canada, and Australia enacting laws to protect this right.

 In the UK, the discussion around the Right to Disconnect has recently intensified, with Labour’s latest announcements about introducing this right as part of their “New Deal for Working People”. The right aims to help employees truly switch off after work, preventing homes from becoming 24/7 offices, especially with the rise of the remote working.

 If you need immediate advice on this topic, our HR and employment law experts are available 24/7 call us on 0800 470 2432.

The legal landscape of the right to disconnect

 While it isn’t clear when the Right to Disconnect will be introduced into UK law, it has gained significant attention in the media, and Labour have expressed a commitment to introducing it as of their latest manifesto.

 In the near future, Labour intends to establish a Code of Practice similar to those in other countries, which would outline when employees can be contracted outside their contractual hours.

What are the potential legal developments incoming in the UK?

 The UK currently lacks any specific legislation on the Right to Disconnect. But the Working Time Regulations 1998 do provide protections regarding working hours, rest breaks, and holiday entitlements. The Government’s new Code of Practice could place responsibilities on employers to agree with their workforce on contact outside contractual hours.

What are the implications for business owners?

 If the Right to Disconnect becomes law in the UK, businesses will need to comply with new regulations to avoid legal risks and potential penalties. Non-compliance can lead to tribunal claims and reputational damage.

 Business owners may want to consider proactively adopting a Right to Disconnect policy, future-proofing their business, enhancing employee wellbeing, and ultimately benefitting the business in the long-term.

Why you should care about the right to disconnect

 The Right to Disconnect is more than just a legal concept; it’s increasingly becoming a crucial consideration of the modern workplace.

The impact on employee mental health and wellbeing

Constant connectivity can lead to burnout, stress, and a decline in mental health. When employees are expected to be available around the clock, especially with no financial compensation, it blurs the lines between work and personal life, making it difficult to relax and recharge.

Legal risks and reputational damage

Ignoring the Right to Disconnect, should it be introduced into UK law, will expose your business to various risks:

• Legal consequences—If the right to disconnect becomes law, non-compliance could result in legal actions and penalties

• Reputational damage—Business owners may face backlash from employees and the public, damaging their reputation and brand

• Employee turnover—High stress and burnout can lead to increased employee turnover, which is costly and disruptive for businesses

Employee satisfaction and retention

 Respecting the Right to Disconnect can lead to higher employee satisfaction and retention.

• Increased loyalty—Employees are more likely to stay with a company that respects their personal time and wellbeing, seeing mental health benefits too

• Higher productivity—Well-rested employees are more productive and creative, contributing to the overall success of the business

• Positive company culture—A workplace that values work-life balance fosters a positive and supportive company culture, attracting and retaining top talent

 For more insights on this, check out our related articles on employee wellbeing and staff retention.

Challenges and considerations

One major concern is maintaining business continuity and meeting client demands. To address this, you should establish clear communication protocols for after-hours contact.

Use shift and rota planning software to implement rotational shifts if you’re concerned about urgent matters needing attention outside of work hours. Communicate with your clients to ensure you set expectations about response times outside of regular working hours.

For businesses with global teams or those in demanding industries, flexible policies are essential. These should be adaptable to different time zones and roles. Also, training employees and managers on the importance of the Right to Disconnect can also foster a culture that respects work-life balance, protecting your business from legal and reputational risk. When managers and executives respect the Right to Disconnect, it sets a positive example for your business.

 Regular check-ins with employees to discuss their workload and any challenges they face in disconnecting from work can help identify and address issues early on. Clearly communicating and consistently enforcing the policy is vital for its success.

How to implement the Right to Disconnect

 Implementing the Right to Disconnect requires thorough planning and clear policies. Here are practical steps to take to help introduce these policies effectively:

• Develop a clear policy—Start by creating a comprehensive Right to Disconnect policy. BrightBase offers a ready-to-use template that can be customised to fit your business needs

• Set communication standards—Establish guidelines for when and how employees can be contacted outside of work. Define what constitutes an emergency and ensure everyone is on the same page

• Use technology to make life easier—Leverage scheduling tools and automated responses to manage workloads and set boundaries. Effective HR software can help plan shifts, manage employee availability, and streamline communications, ensuring all your staff can disconnect without disrupting business operations

In anticipation of the upcoming Right to Disconnect changes, it is advisable to implement these adjustments now. While you may need to update your policies again once the new legislation is in place, being prepared is always preferable.

Get help with the Right to Disconnect from BrightHR

 With the most recent information suggesting a legal change close on the horizon, preparing for the Right to Disconnect sooner rather than later is recommended for your business.

 From ready-to-use policy templates to rota scheduling software and even 24/7 expert advice, BrightHR can help support you in introducing this practice with no hassle whatsoever.

 Book a free demo with one of our friendly experts or call us on 0800 470 2432 for more information.